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Divorce dependant on ex agreeing to support payments?

Anonymous Asked:

We filed a joint divorce, but I have heard nothing back and my ex wasn't giving me any information either, so I went to the court house to find out. The judge wants my ex to pay child support, even though we have the kids for an equal amount of time. I showed to my ex what I found out, but he said he won't pay the support. Will my divorce still be granted if he refuses to pay? What should I do next?

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Stuart Zukerman
8 years ago

Under the Divorce Act, the judge has a duty not to grant a divorce unless he is satisfied that there is a satisfactory arrangement in place respecting child support. In the absence of child support being paid – you will need to submit some form of written agreement explaining that you have the children equally and that neither parent is paying support to the other (due to equal annual incomes) or that there is some arrangement in place as to how the children’s expenses are being paid for by the spouses such that there is no need for a formal child support order.

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