My wife and I have been separated for almost 5 years. We have no legal documentation for our separation but we do have a child support order. The order lists her as the custodial parent but the children are now living with me. Neither of us can afford a lawyer and we are filling out the papers on our own. We agreed that I would be the custodial parent on the divorce papers but I am not sure if I should add the child support order considering it states the opposite.
How was the child support order established? If it was through a child support enforcement agency, you would have to abate the support so that they do not end up charging you with the support order even though you have the children. You should get that order abated or stopped prior to filing the divorce because you most likely will have to inform the court about the related case and what the order is etc.
You should not even attempt to do this without legal assistance. There are too many issues that need to be properly addressed. There are other options if you cannot afford counsel. You could try legal aid or there may be attorneys in your area doing pro bono work. Try the AVVO site for attorneys in your area. Good Luck.
With respect, you are not in DIY territory. You have a support order requiring you to pay support, but you are acting as the primary parent, and apparently have been for a while. that order however, remains valid until modified or abated.
Seek out assistance for Legal Aid, or an attorney who will work with you on payments.
I would strongly suggest that you contact legal aid to get the appropriate paperwork. Having incorrect wording can be detrimental.
Before you determine to do this alone, make some calls to find out what an attorney would cost to handle this for you or at least consult with you on an hourly basis. There are more issues than you realize. Good luck.
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