Miami, FL asked in Divorce, Family Law and Child Support for Florida

Q: My wife and I are separated for 3 years. Can I stop paying voluntary child support because she won't sign the papers?

I have been paying 800 per month for three years and she won't sign the papers. Our divorce is uncontested and we have agreed on all of our own terms. Nothing legally has been filed. Can I stop paying my support payments to encourage her to sign?

2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Hollywood, FL
  • Licensed in Florida

A: If and when your divorce is finalized there will be a child support obligation. You will receive credit for any payments made voluntarily towards child support. As long as you recognize that you will owe child support and there is no court order now that you pay child support you have no current legal obligation to pay the support. Before stopping payments you should speak with a local family lawyer for more specific advice.

Ira Markowitz
Ira Markowitz
  • Coral Springs, FL
  • Licensed in Florida

A: Although not Court Ordered

you should continue.

See an attorney as soon as possible and get him or her your tax returns last 3,years pay records & mandatory disclosure documents & her financials if you have them to determine child support.Did you & your wife sign a parenting plan?

You can file even if she refused!

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