until after the divorce.I don't think my ex will give me a divorce if he has to pay child support.
2007-03-20 06:41:46 · 26 answers · asked by hendersonswoman 2 in Family & Relationships ➔ Marriage & Divorce
You should be asking this question of an attorney that works in the state you live or are getting the divorce through. Most first visits are about a half hour or less and are usually free. The reason that I state this is because divorce/child custody/alimony/child support laws vary from state to state. Some states, such as Montana consolidate the marriage dissolution (divorce), property settlement, child support, custody arrangement into one hearing while other states may even have you go through different courts (i.e. civil court and family court) and obtain a divorce first, then a property settlement, etc.
Whether or not he or you wants to pay child support is not up to either of you, but dependent upon the laws of the state and the court where you or he obtain the divorce.
So, best advice: consult an attorney ASAP
2007-03-20 10:43:13 · answer #1 · answered by James H 1 · 0⤊ 0⤋
Yes. You can incorporate anything you want into the separation or divorce decree if your husband will agree to it. If you believe that this is a good idea and it is what you believe is right, then do it. Regardless of what your soon to be ex thinks, he is still responsible for the support of his child even if it is not mentioned in the divorce. As long as his name is on that birth certificate, there is no way besides hiding that he can get out of paying for his child. Honestly, I would agree on a set amount of child support that suits both of you for the needs of your child. That way you don't have to deal with the hassle of trying to go through child support enforcement...he is already court ordered by a judge to pay support. At that point if he stops paying, then he will be in contempt of court. All in all, it's up to you to decide what is right.
2007-03-20 06:52:20 · answer #2 · answered by Punkie Brewster 4 · 1⤊ 0⤋
If you do not request child support at the time of your divorce it will be way hard to do so afterwards. Your ex really has no choice whether or not to give you a divorce. He can stretch it out, but eventually he will have to sign. I think that if he doesn't show up to court a few times, it will automatically be granted. You definitely need to request child support before your divorce is final.
2007-03-20 06:47:33 · answer #3 · answered by Audrey C 2 · 1⤊ 0⤋
He HAS to pay child support if you have kids. He doesn't get to tell you that you can't have a divorce. They will set up a date in court in front a judge. I don't know how many times he'll have to "no show" to grant you the divorce anyway, but he will still be responsible for supporting his kids. Ask a lawyer over the phone, they usually give consultations for free. :)
2007-03-20 06:45:49 · answer #4 · answered by kebbs32 2 · 1⤊ 0⤋
Sweetheart, if you have minor children he doesn't have a choice - the state will make him pay child support - of course that depends on which one of you is making more money, how the custody of the kids goes i.e. joint, visitation, etc. But when you file your petition for divorce you indicate that you have minor children and that you are requesting he pay child support - the courts take care of the rest after you have both (no choice here) file financial statements indicating your income, assets, and expenses. Good luck.
2007-03-20 06:45:45 · answer #5 · answered by Dee 3 · 1⤊ 0⤋
Don't be silly, Rabbit. Trix are for kids!
Do NOT wait until after a divorce to request child support.
And yes you CAN get a divorce! With or without his signature!
Even if he refuses to sign, he'll have only 20-30 days to respond. If he doesn't, you'll most likely be awarded whatever you're asking for or more.
Screw him. Stand up, and DON'T let him control what you do or think anymore. Don't be afraid! It's all about YOU now!
2007-03-20 06:48:14 · answer #6 · answered by a_lot_smarter_now 4 · 1⤊ 0⤋
YOU WANT CHILD SUPPORT Trust me. I have Two ex's and they both pay child support. Daycare alone cost $800 a month. then food, housing, clothes, the whole bit. Don't fall for that line, well I will get them what ever he/she needs. BullS**T
Garnish the wages, do what ever you have too. If there is grounds for divorce no matter what your ex HAS to pay childsupport. AND, he should provide medical coverage until 18 years old.
2007-03-20 06:46:45 · answer #7 · answered by 2shay 5 · 0⤊ 0⤋
he has no choice but to pay support it is a federal law .so i would say that you should just file for divorce and after the allowed time the court will automatically give you the divorce . you should check with a lawyer and see how that works in the state you live
2007-03-20 06:51:45 · answer #8 · answered by <3 4 · 0⤊ 0⤋
Your ex can't bind you in a marriage. Each state's requirement is different, but once you establish separate residences for a certain time (again, check your state) the court will not refuse your divorce. Even if he contests it, the court will grant it once you have been separated for that prescribed time. File for custody and child support the moment you move out.
2007-03-20 06:47:32 · answer #9 · answered by Apple21 6 · 0⤊ 0⤋
He has no choice. Child support is the right of the child(ren). You cannot waive it. It is the first thing the family law court in most states weights when deciding on a divorce settlement/agreement or judgment. Your husband is truly a loser if he honestly doesn't want to be married, but won't consent because of child support.
2007-03-20 06:45:48 · answer #10 · answered by Catherine T 2 · 2⤊ 0⤋