Don't want child support

[unlucky lady]

What is the name of your state? Georgia

Does the non-custodial parent HAVE to have child support included as part of the divorce agreement? What if I don't need/want any $ from him. He's unemployed and it'll be one less person for me to support.

I've decided to go for the divorce. H has said he won't agree to anything that says he HAS to pay a certain amount. He has NO INCOME and hasn't for the past few years. H will just move in with OW and she will take over supporting him.

I just want this over quickly and without a lot of cost for me, so his "demand" is not a big deal to me.

 

[BelizeBreeze]

The two of you can agree to anything before the divorce, even to have a last fling while hanging upside down in the boardroom.

 

[rmet4nzkx]

Breeze, wasn't that in the "Battle of the Rose's?"

There is some confusion, the judge will decide if NCP has to pay C/S. and if they are not working so they don't have money to pay, the judge will order them to pay something, he can get it from the OW or work, but it doesn't mean YOU have to support him, C/S doesn't meant you have one more person to support (NCP) it means they contribute to the support of their child. If you have the money now, fine that may not always be the case, put it away for college.

 

[unlucky lady]

I was saying that I currently support my H and that by divorcing him I will have one less person to support. I'll actually be better off in many ways. Anyway...

If I do the paperwork myself and say I don't want any child support, a judge can come back and say he has to pay something?

 

[rmet4nzkx]

Child support doesn't have to do with his ability to pay because he chooses not to work or already a deadbeat dad. Good that you will have one less person to support, but the C/S is for your child. If he doesn't want to work and has to pay child support, then he will be real attractive to OW, she is going to love paying for it, maybe he will have to get a job, asking fo C/S could be the best thing, and you will be

 

[unlucky lady]

He won't sign the papers if it states he must pay. H will not agree to be responsible for paying $ he doesn't have. What is best for my kids is to get this over with as quickly and cheeply as possible.

So, my question is still...Is child support a required part of the divorce agreement or can I state that I do not want it. The welfare of my children will be better served by moving on rather than fighting for $ that isn't available and turning this into a big ugly battle. I just want out.

 

[snodderly]

The two of you can agree to anything you want. When you go before a judge though, he will be the one to make the final decision. If he says the husband is to pay support then that is the last word.

If, after the judge tells him he is to pay and he refuses to sign....who cares. You don't need his signature to get a divorce. In the state of Georgia you will be given a default divorce.

He will be ordered to pay, his wages will be garnished and if he doesn't pay then the state will have to deal with him.

In the end you will get what you want....a divorce from a man who will refuse to pay support.
snodderly

 

[unlucky lady]

Obviously, I'm just beginning this process. Thanks for the default info. That's good to know.

 

[Whyte Noise]

I know that in my divorce (done in Worth County Georgia) my ex and I had agreed no CS would be requested.

The judge flat out said he wouldn't sign anything that did NOT have a support order in it so our MSA had to be redone to include child support.

 

[rmet4nzkx]

Tell him it doesn't matter if he signs the papers, you can get the divorce whether he signs or not and that the judge will decide how much he pays, for him, if he doesn't agree to C/S before the divorce, so he could be responsible for a lot more and even if you 2 decide on an ammount that is not realistic, the judge will change it. Tell him you are trying to be amicable, if he refuses to follow the court's order he could have a new place to live, not nearly so comfortable.

 

[haiku]

no one ever says you have to persue the amount of support you get awarded and he does not pay either.

 

[Whyte Noise]

no one ever says you have to persue the amount of support you get awarded and he does not pay either.

Exactly.

This is what my ex and I finally wound up doing.

 

[rmet4nzkx]

What is the name of your state? Georgia

He's unemployed and it'll be one less person for me to support.

I've decided to go for the divorce. H has said he won't agree to anything that says he HAS to pay a certain amount. He has NO INCOME and hasn't for the past few years. H will just move in with OW and she will take over supporting him.

People, if you notice the husband is not working at all! He hasn't worked for years, no income, living off OP and planning on living off OW! He's not a NCP who is working, trying hard to make a living and cannot afford to work, live and pay a lot of C/S, he's not planning on paying any at all and then finding another woman to support him and neglect his responsibiltiy to his children. I'm sory but I have no sympathy for him. There is a name for this and it's called a LEACH!

Even if OP can support the child now that doesn't mean that will always be so and what kind of an example does this set for the child? What is in the child's best interest? It is one thing to adjust C/S when there is a reasonable need and the NCP is making a good faith effort, that is not the case here and there are places where he can reside when he fails to get a job and pay his C/S.

 

[stealth2]

People, if you notice the husband is not working at all!

Peep - everyone has said that he's going to be ordered to pay support. If the CP decides she doesn't want it, she can send it back to him. But I don't think anyone has advocated allowing him off the hook.

 

[ili]

Child support

In our case the parents of my great-grandchild agreed and signed papers
with no support mentioned. They didn't use an attorney but got the judge
to sign. Is this legal?