How can I request for Child Support to not be ordered in my divorce?

If you are living together, i believe it would be inappropriate for child support to be ordered. However, child support may be calculated, and ordered to be paid when you no longer share a household.

It really depends on your judge. I doubt they will require the father to make actual payments to you if you are all living together. It is up to the judge whether your judgment contains a child support amount that must be paid when your living arrangement changes.

I agree with my colleagues, that the judge will likely not order your husband to pay child support while you are living together. However, the final judgment may need to contain provisions in case you no longer live together, or in the event he stops paying for the things he is paying for. Child support is the right of the child, not the parent. Therefore, the parent cannot waive child support. You may want to consult with a family law attorney in your area to discuss this in more detail.

Child support is the right of the child, not the parent. Therefore, neither parent may waive child support. The judge may decide that it is in the best interests of the child to order that child support be paid by one parent to the other even though the parents and child live together in the same residence - - then it is a decided issue rather than being an issue that is waiting to be decided at some unknown point in the future.

While it may seem like a simple solution, to request no child support, in the long run it might cause you more problems than you might anticipate. Child support is actually the right of the child and the parties do not have the right to waive child support. Where there is a child, it can be assumed that at some point the child will need to have child support. Let's just suppose that the after the divorce hearing the children's father moves out and stops contributing financially. If child support has not been awarded, you will have to file a Petition to Establish Child Support and litigate the issue which may take months before child support is actually ordered. This could place you in a difficult financial situation. I would suggest that child support calculations should be run and it should be determine if any child support is actually due and if so how much. Then have this ordered at the final hearing. If necessary, you can make some of the household payments with the child support payments; however, in case the father moves out and fails to provide support you will not be harmed by having to wait for a court order. Also, it is possible that child support is not even the real issue depending on the amount of the child support award. The issue might really be an alimony issue in which case you must seek to have it established in the divorce action or you will have waived the right to request it in the future. As always, please consult with an attorney even if it just for a review of your documents.