A friend of mine has been legally separated from her husband for a year and 9 months. They are not legally divorced because he won't sign the papers.
Meanwhile, she has moved 5 hours away from him to live with her sister and he is living with a girl friend. They have two kids, and I think he keeps putting it off because he's not happy with the CS percentage and who knows what else. In this whole time, he has not paid her any CS.?
Is there a way she could make him sign them? I think it's been mentioned here, but I can't remember. Thanks for any info you can offer.
Re: Question for a friend...
She needs to consult a lawyer in the state where the separation has been filed to see what her options are. ?If the CS and visitation has been set in the Separation Agreement, she might be able to just push the matter through to the final decree. ?
She needs to be more hardcore about the CS. ?There is probably a state/county minimum that he would be expected to contribute, so she should push to have the amount garnished from his wages.?
How lame! ?I never understand the footdragging. ?If you don't like the settlement or agreement, change it or fight it, but don't just let it hang.?
I know in my DH's case, he went into "default," (we were in another state, and he was never sent paperwork to sign) so EX proceeded to court without him, and obtained divorce. He never signed anything, and he still pays CS and all that fun stuff.
If she needs the CS, she needs to go without him. He probably won't ever come around...
He doesn't need to agree to terms to get a divorce. She can file, he can fight and the judge can decide the terms if they can't agree. The states have guidelines and mechanisms that the judge will follow, it's that simple. She needs to just file and get it over with. Otherwise, she's looking at 18 years of waiting and not getting any child support at all.