Can I request that my ex NOT pay child support?

[Mambo Queen]

What is the name of your state? Missouri

This is probably a pretty uncommon question, but...I am considering divorce and really do NOT want my spouse to pay child support. I'm not doing this to try and deny him visitation (he would be the non-custodial parent) but because I make a lot more money than him, and he has a LOT of debt, and I'd rather he use his money to pay off his debt and get himself a halfway decent place to live so our daughter can come visit him in someplace that is at least marginally habitable (if he had to make support payments on top of his debt payments I don't think he'd be able to afford it) Is it a requirement that he pay child support, or can I ask that he not during our divorce proceedings? Also, if he is forced to pay some support, can I request that he make the payments directly to me instead of being withheld from his income? Or, if that's not possible, could he just pay the court directly instead of having his income withheld? Thanks.

 

[justalayman]

sure you can ask.

some states automatically impose a child support order. some do not.

If he is required to pay, there is nothing that says you cannot simply give it back to him. He pays you, you cash it, there is record of payment, you hand the money back to him.;

everybody is happy.

 

[firzout]

In many states if the two parts can come to an agreement on their own. The only reason you would see the judge is to finalize the divorse. In other words you can go to the court house get the paperwork fill it out between both of you with how you will agree on things including child support, visitations, debt, property etc., both sign get it notarized and file it in the court, then just wait for your hearing date. the judge gives you your desolution of marriage and you are done.

 

[panther10758]

When I went through my divroce I "knew" Ex would never pay anything even if ordered. However courts said I had to put something so I put $100.00 a month for three children. Of course she doesn tpay it but that doesnt matter. Simply put some really low number just to get paperwork through

 

[Mambo Queen]

Thanks for the help everyone. One last follow-up question...does anyone know where I can find out specifically if Missouri is a state where we could just come to an agreement on all of this on our own and just have the divorce finalized by the judge? In other words, how can I find out if Missouri is or isn't a state that mandates child support orders? Thanks again.

 

[panther10758]

A simple call to the Family Law court house will get you that answer

 

[triviafreakdad]

Separation agreements authorized, effect of--orders for disposition of property, when--terms of agreement, how enforced.
452.325. 1. To promote the amicable settlement of disputes between the parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for the maintenance of either of them, the disposition of any property owned by either of them, and the custody, support and visitation of their children.

2. In a proceeding for dissolution of marriage or for legal separation, the terms of the separation agreement, except terms providing for the custody, support, and visitation of children, are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unconscionable.

3. If the court finds the separation agreement unconscionable, the court may request the parties to submit a revised separation agreement or the court may make orders for the disposition of property, support, and maintenance in accordance with the provisions of sections 452.330, 452.335 and 452.340.

4. If the court finds that the separation agreement is not unconscionable as to support, maintenance, and property:

(1) Unless the separation agreement provides to the contrary, its terms shall be set forth in the decree of dissolution or legal separation and the parties shall be ordered to perform them; or

(2) If the separation agreement provides that its terms shall not be set forth in the decree, only those terms concerning child support, custody and visitation shall be set forth in the decree, and the decree shall state that the court has found the remaining terms not unconscionable.

5. Terms of the agreement set forth in the decree are enforceable by all remedies available for the enforcement of a judgment, and the court may punish any party who willfully violates its decree to the same extent as is provided by law for contempt of the court in any other suit or proceeding cognizable by the court.

6. Except for terms concerning the support, custody or visitation of children, the decree may expressly preclude or limit modification of terms set forth in the decree if the separation agreement so provides