If a husband and wife get shared custody,can a divorce be granted without child support?

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If a husband and wife get shared custody,can a divorce be granted without child support?

If a husband and wife file for uncontested divorce, minor child is with both parents equal amount of time; wife works, husband doesn’t. Can a divorce be granted without child support from either party in state of TN? Neither party wants the other to pay child support or alimony.

Asked on November 9, 2010 under Family Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Probably not.  Generally speaking the states have taken that issue out of the hands of the parents to insure that the basic needs of children are taken care of.  From what I understand Tennessee uses what is known as the Income Shares Model and presumes that both parents will contribute to the support of the child or children.  Courts must approve that portion of the settlement agreement that deals with the issue of child support and sometimes an attorney is appointed solely on behalf of the children.  You have not given any information here on how the children will be supported at all.  You need to seek legal help from an attorney in your state.  Good luck. 


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