Custody, support– of children and sometimes spouse– visitation and distribution of any marital assets/debts will all be settled in the course of litigating a divorce. You and your spouse can do so by settlement (reaching an agreement), or the court will do it through a trial of the unresolved issues.
Child support is an obligation no parent can escape! You don’t need the opposing party’s consent or cooperation, the court will enforce it once the custody of the child/ren has been determined. Support can be secured by garnishment of salary and/or collection through the Dept of Revenue, after an order is entered (and one will be entered by the Court!)
File for your divorce and matters will start to fall into place. Be sure to retain a lawyer who is familiar with Probate & Family court procedures in your county (any good family law/divorce attorney could have told you child support is mandatory). Don’t waste any time. You cannot collect child support (or alimony) for any period before an action is filed with the court. Every month that seeps by without a legal action in place is a month you lose the protection and security of a court order.
This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney. Matta Law – the Law office of Estela Matta, Esq. offers a free half hour consultation.