More details to this question:
My family member's husband is not willing to sign divorce paper. They have been separated for 8 years and have a now 13 year old son. She works during the day and he works at night. The child is at school during the day, he gets off at 3pm, the father picks him up and keeps him long enough for her to pick him up at 5pm after she leaves work. They share the child's tuitin 50/50 has been for 8 years. They claim the child on tax return alternately. They have lived separately for 8 years. Now he just had a baby by someone else. All she wants is to finalize the divorce and keep the same terms of agreement they have had for the last 8 years. He is not willing to sign the divorce paper for fear that he may have to pay child support, so he is asking for half custody as the prerequisite for him signing the paper. She has been doing custodian work for 8 years and can't afford to go to school for a better job. All she wants is a divoce with the same terms they have had for 8 years remaining.
1 ANSWER
First, his consent is not necessary for her to get a divorce.
While the other party ignoring the case can cause some delays (basically, to let the time for answering run, and then take default), divorce is essentially "one party" in the modern world, and you do not need the other side's consent, or cooperation. A "contested" case is about the terms of divorce, not whether a divorce will be granted.
As to child support, it is hard for me to tell what the time share, overall, really is from what you've written. If you can figure that out, and know the approximate incomes of the parties, you can tell who would owe whom support under the law. See the Rivero opinion and other information posted at http://willicklawgroup.com/child-support/. Of course, either party could choose to waive money they are owed, but any such thing should be done with "eyes open" after seeing what the law indicates should be done.
I suggest a consultation with a family law specialist, bringing the actual custody schedule, and copies of any agreements, letters, e-mails, etc., that might be used as evidence of whatever arrangement is actually in place.
Answered on Jan 28th, 2014 at 11:25 AM