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    Kellyisawsome's Avatar
    Kellyisawsome Posts: 106, Reputation: 5
    Junior Member
     
    #1

    Jul 31, 2007, 01:20 PM
    Mom and dad.
    See my mom and dad are "divorced."
    But they are not legally divorced.
    So he is not paying child support.
    So life sucks right now.
    If my mom and dad do get divored... Is it a court deal?
    Or is it just papers and done?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Jul 31, 2007, 01:40 PM
    If your mom and dad agree on all for the terms of the divorce, all the terms of child custody, and child support, then it is more just a matter of court papers being filed and signed.

    But if they do not agree, it can be a very long process of dozens of court appearances.

    At this point they are separated, not divorced. You mom needs to file for custody and child support with the court.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member
     
    #3

    Aug 1, 2007, 09:11 AM
    I presume that your mom and dad are not living together but are not legally divorced? In that case, your mom can still sue your dad for child support (I presume you currently live with your mom). If they do decide to divorce, then one parent needs to file a motion and the other would then typically file a counter-motion to either contest the divorce or contest the demands being made by the first parent who filed and present their own counter-demands. If they're smart they'll do this through their attorneys. The attorneys will negotiate whatever they can agree on and then a court hearing will occur where the judge will decide the rest. Then the judge issues a divorce decree and the marriage is officially over. Although typically handled in conjunction with the divorce, child support and visitation are technically separate issues in their own right.

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