Can I ask my husband to pay child support even if we do not plan on divorcing right now? 11 Answers as of August 27, 2015

My husband and I have been separated for years, and do not reside together. Our children live with me solely.

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Yes. If it made sense to do so, you could even start an action for support in Family Court.
Answer Applies to: Wisconsin
Replied: 7/28/2015
Attorney at Law | Aimee C. Robbins
Yes absolutely. You should be filing for custody and child support.
Answer Applies to: Maryland
Replied: 7/28/2015
Provda Law Firm
Provda Law Firm | Bruce Provda
You should talk with an attorney to determine if orders for child support can apply. You should be able to petition the court for this.
Answer Applies to: New York
Replied: 7/28/2015
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Yes, you can even do this through an administrative proceeding with DSHS. Better yet, file for a legal separation and get child support, a parenting plan and a division of assets and liabilities into place.
Answer Applies to: Washington
Replied: 7/28/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
It would be wise to go into court on a Motion to establish custody, visitation and support even though you currently don't wish to proceed with the divorce.
Answer Applies to: California
Replied: 7/28/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Yes. Open a case with your County Dept. of Child Support Services and your worries will be greatly diminished.
    Answer Applies to: California
    Replied: 7/28/2015
    Diane l. Berger | Diane L. Berger
    Yes, you can file for support.
    Answer Applies to: Nebraska
    Replied: 7/28/2015
    John Russo | John Russo
    That would be a yes.
    Answer Applies to: Rhode Island
    Replied: 8/27/2015
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    Absolutely. If you don't want to file for divorce, just file for legal separation, and request court orders for child support. You can also come to a private agreement, which is fine so long as he pays, but is not enforceable in court, until you actually file your case and get the court order.
    Answer Applies to: California
    Replied: 7/28/2015
    Law Offices of Lauren H. Kane | Lauren H. Kane
    If you do not reside together and the children reside with you then you should be eligible for child support.
    Answer Applies to: Pennsylvania
    Replied: 7/28/2015
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    That would be a yes.
    Answer Applies to: New York
    Replied: 8/27/2015
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