Can I collect child support from my husband if we are separated? 33 Answers as of January 23, 2012

Am I able to collect child support from my separated husband? I have not gotten divorced yet, as I can't afford it right now. I am not working, am taking care of our 2 children, and living with my mom. He does not pay on a regular basis. He has given me up to $100 a week, but we are going on 3 weeks with nothing.

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Attorney at Law | Dorinda Ohnstad

Yes, you can. However, in order to get a court order in place to collect it you have to either file an action for legal separation or dissolution. There are family law facilitators with most counties who can give you some direction on how to proceed with filing. In addition, court filing fees can be waived if your income is low. Keep in mind that if your spouse has sufficient resources a court would have them pay for all or a part of your attorney's fees.Some lawyers in this situation will agree to not require an upfront retainer if it looks like they can collect from the other spouse.

Answer Applies to: California

Replied: 1/23/2012

The Law Offices of Laura A. Walker | Laura A. Walker

You can file for divorce on your own at any time. Go to family court, file ask for a fee wavier, get a temporary order for support.

Answer Applies to: Wisconsin

Replied: 1/20/2012

Reeves Law Firm, P.C. | Roy L. Reeves

Yes, you can sue him for custody and support even without a divorce, but judicial economy says do both at the same time.

Answer Applies to: Texas

Replied: 1/20/2012

The Law Office of Kem Eyo, LLC | Kem Eyo

Yes, you can collect child support from your spouse as long as the two of you are no longer residing in the same home. You would have to file an action for separate maintenance (which has the same filing fee as filing a divorce). You should know that a subsequent divorce would require a new filing fee.

Answer Applies to: Georgia

Replied: 1/19/2012

Law Office of Lynda H. LeBlanc | Lynda Leblanc

You may file an action for support without filing for divorce. If you do not have the funds to hire an attorney, then you can request help through the IV-D prosecutor's office in your county. If you are receiving any time of government assistance (i.e. food stamps, TANIFF or Hoosier Healthwise) then you should qualify for the IV-D prosecutor's help. Their office is busy though, so it may take awhile. The quickest way to get through the court system would be with an attorney that can help you navigate. However, if you husband is making a substantial income he could be ordered to pay part or all of your attorney fees in a divorce. You should contact a local attorney to discuss your options.

Answer Applies to: Indiana

Replied: 1/19/2012

Michael Apicella | Apicella Law and Mediation

Yes, you can seek an order for child support. Call your county's branch of the Department of Child Support Services. That organization can help you obtain child support orders and there is typically no fee for their services.

Answer Applies to: California

Replied: 1/19/2012

Law Office of Joan M. Canavan | Joan Canavan

Yes, you may file a Complaint for Separate Support request child support, serve your Husband with Notice of the Complaint and schedule a hearing requesting child support with notice of the date and time of hearing to your Husband. If you are actually going to get divorced you may file a Complaint for Divorce, serve your Husband with the Complaint for Divorce, then file a Motion for Temporary Orders requesting child support.

Answer Applies to: Massachusetts

Replied: 1/19/2012

Ashman Law Office | Glen Edward Ashman

Until you either file a child support case with the state or a divorce, you likely will not get paid.

Answer Applies to: Georgia

Replied: 1/19/2012

Law Office of Kathryn L. Hudson | Kathryn L. Hudson

You do not need to be divorced to open a child support case with the Office of Child Support Enforcement. You should call your local office and make an appointment to open a case, they will serve your husband and help you get a court order for support.

Answer Applies to: Arkansas

Replied: 1/19/2012

Law Office of Jane E. Ginsburg | Jane Ginsburg

Suggest you contact your local Department of Child Support Services office.

Answer Applies to: California

Replied: 1/19/2012

The Law Offices of Robert W. Bellamy | Robert W. Bellamy

While divorce or separation may end the marital relationship, it does not end a couples relationship as parents and their financial responsibility associated with raising a child. A spouse can file for a temporary separation child support order in to ensure that the children are taken care of.

Answer Applies to: Alabama

Replied: 1/19/2012

Joanna Mitchell & Associates, P.A. | Joanna Mitchell

Yes, it is possible to file for support unrelated to a dissolution matter. You should consult with your local child support enforcement office, as they can assist you for free. Then, when you are ready to file for divorce, consult with an attorney to assist you!

Answer Applies to: Florida

Replied: 1/19/2012

DEAN T. JENNINGS, P.C. | Dean T Jennings

Go to Iowa Child Support Recovery and ask them to pursue him for an support order.

Answer Applies to: Iowa

Replied: 1/19/2012

Diefer Law Group, P.C. | Abel Fernandez

You are able to ask for support if you are separated. The issue is how much he has to pay. Support is based on wages so if he has no wages then it will be hard for the court to order him to pay you support.

Answer Applies to: California

Replied: 1/19/2012

Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown

You will have to file a Petition for Dissolution (or for Legal Separation) in order to obtain a court order obligating your husband to pay child support.

Answer Applies to: Washington

Replied: 1/19/2012

Law Office Of Jody A. Miller | Jody A. Miller

Yes, you can talk to the State child support services offices, or you can hire an attorney to ask for child support.

Answer Applies to: Georgia

Replied: 1/19/2012

Law Office of Cassandra Savoy | Cassandra Savoy

You can apply for support and you can have the money taken directly from his pay check and mailed to probation. Probation will then mail you a check.

Answer Applies to: New Jersey

Replied: 1/19/2012

Glenn E. Tanner | Glenn E. Tanner

Just file and move for temporary orders requiring temporary child support and temporary maintenance if possible.

Answer Applies to: Washington

Replied: 1/19/2012

The Law Office of Nathaniel M. Smith, LLC | Nathaniel M. Smith

I'd suggest going to child support services if legal fees would be a problem for you, or go to a lawyer if fees are something that family or friends can help you with.

Answer Applies to: Georgia

Replied: 1/19/2012

Ezim Law Firm | Dean Esposito

Child support is retroactive to the date of judicial demand which is when you file a pleading (i.e. Petition or Motion) with the court requesting that he pay child support. If you fail to file and request such, legally he does not have to pay child support.

Answer Applies to: Louisiana

Replied: 1/19/2012

H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham

Georgia will recognize a separation agreement reached between the parties, including as to child supports, but our courts do not issue legal separation orders. Your best option is to file for divorce and ask for temporary custody and support.

Answer Applies to: Georgia

Replied: 1/19/2012

Roscich & Roscich | John Roscich

Until a court order is entered requiring him to pay child support, you can only get that which you and he agree upon and which he pays. Once a petition for dissolution is filed, you would file a petition for temporary support. He would then be required by court order to pay child support until the divorce is finalized and a new support order is incorporated in the judgment.

Answer Applies to: Illinois

Replied: 1/18/2012

Peyton and Associates | Barbara Peyton

Yes. Your local department of child support services can help you with that.

Answer Applies to: California

Replied: 1/18/2012

Law Offices of Arlene D. Kock | Arlene D. Kock

You may be entitled to much more support depending on your husbands income. I urge you to meet with an experienced family law attorney to explore your legal options. Many attorneys have free initial office visits.

Answer Applies to: California

Replied: 1/18/2012

Law Office of William C. Wood, LLC | William C. Wood

Yes, you can file a complaint for child support in the Circuit Court, or you can contact the Department of Social Services in your county to initiate a case.

Answer Applies to: Maryland

Replied: 1/18/2012

The Law Offices of Dave Hawkins | Dave Hawkins

If you are not living together and still married, you can apply to DSHS for help with establishing a support obligation. However, in doing this you may force the issue and he may turn around and file for divorce, and ask for temporary custody of the kids to avoid paying support.

Answer Applies to: Washington

Replied: 1/18/2012

Beaulier Law Office | Maury Beaulier

Yes. A person can receive child support if all of these are true:a person is the parent of a minor child or is the person who has court-ordered custody of a minor child, the minor child lives in the person's household.the child is financially dependent on that person, one or both of the child's parents are absent from the home, the court ordered a person to pay child support.

Answer Applies to: Minnesota

Replied: 1/19/2012

Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser

You will need to get enforceable orders to receive and enforce spousal and child support payments. If you can't afford a lawyer, you should go to your local Superior Court's self-help center for assistance in filing and serving a Divorce case and an Order to Show Cause for Child Custody, Child Support and Spousal Support. They can also assist you in seeking a waiver of filing fees.

Answer Applies to: California

Replied: 1/19/2012

Gregory T. Buckley, Attorney at Law | Gregory T. Buckley

Yes, you can file a Motion for Support unconnected with a dissolution of marriage.

Answer Applies to: Florida

Replied: 1/19/2012

John E. Kirchner, Attorney at Law | John Kirchner

Yes, but it doesn't make sense to just go after child support. Until there is a court order for child support, there isn't much you can do and your husband is free to do whatever he chooses. So, you should pursue the divorce and get everything decided in a that case - not just child support.

Answer Applies to: Colorado

Replied: 1/18/2012