Quote Quoting Worried_Divorce
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My question involves child support in the State of: Tennessee

Okay. My husband and I have been talking about Divorce. I have a really crazy situation that is another story for another day. However, he said I could have the baby if we got divorced. I make good money - about $80,000 per year. Tennessee uses the income shares model for computing Child Support.

My husband is on social security disability for a mental illness, and so my son gets $550 per month from that. However, my husband said that if we got divorced, he'd take a job minimum wage so that he wouldn't have to pay much child support.

Also, we have rental property that he would likely get in the divorce since he forced me to sign a post-nup (I'll post on that later). The rentals bring in about $7,000 per month after debt, taxes, and insurance.

My husband said that if he left me, he'd sign over the rental property to his son who is 21 to avoid paying child support. If I filed before he had the chance to do that, then he'd just do it after the divorce was final and modify the award. He laughed and said after all I've put him through that he would make my life as financially difficult as possible. Leave me with the $2,400 per month house payment, refuse to sign anything that lets me refinance refuse to sign anything that allows me to sell the house unless he got the price he wanted for it.

I'm trapped. I would need the child support so that I could hire a good, respectable nanny as I am a professional. I would want someone who is worth $1,500 a month or so to take care of my baby - I wouldn't want him in Daycare. With the house payment my income after paying insurance and taxes is only about $2,200. I know of a lot of women who are lucky to even make that per month, so I know that I would be fortunate but would have to change my lifestyle.

Could he do that - give away his assets either pre-or post divorce to avoid child support obligations? My gut says no but he was laughing and said he already had an attorney tell him how to do it.
While its possible that you may get more child support if your husband has net rental income of 7k a month, quite frequently the standard is that children's social security benefits that come due to the non-custodial parent receiving disability, replace child support.

While I can understand you wanting to have a nanny, that simply may not be realistic. As someone else already suggested, taking that post nuptual agreement to an attorney to see whether or not its enforceable.