Can I file for child support while still married but living apart? 10 Answers as of April 11, 2013

Husband left 5 years ago, no child support paid, don't have money to file for divorce. I consider myself separated. Can I file for child support under the present conditions without filing for divorce? He was abusive and left willingly. Can I collect child support for all the time he was gone. He has children from another marriage to which he pays child support per a court order. He has made no attempt to pay child support to me but has told me that my family should support me and my son. He will not agree to anything.

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Ronald Main & Associates | Tracian M. Laignel
I would file for divorce and also seek child support for the past five years if I were in your situation. In the divorce proceeding, the child custody/visitation and child support will also be handled. I would seek for sole legal and physical custody and of course child support with five years worth of arrearages.
Answer Applies to: Oklahoma
Replied: 4/11/2013
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You can file an action for support in family court for the county in which you live. You need not also seek a divorce.
Answer Applies to: Wisconsin
Replied: 4/9/2013
Reza Athari & Associates, PLLC | Riana Durrett
Dear parent, Yes, you can seek child support even though you are not divorced. Your husband is obligated to support his son. Child support would probably be ordered temporarily pending a final order once you do obtain the divorce. The court will likely award past child support, but probably not for all five years as that would be difficult to enforce. If you file for divorce then you can request that he be ordered to help you with the costs of the divorce as well. My office is very experienced in these matters and provides free consultations.
Answer Applies to: Nevada
Replied: 4/9/2013
Carey and Leisure | John Smitten
Yes you can file for support only, without a full divorce.
Answer Applies to: Florida
Replied: 4/5/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You will have to file a case, seeking either separate maintenance or a divorce. Upon doing that you can seek temporary child support. Get moving, until you file and make your request in Michigan there will be no retroactive support required of him.
Answer Applies to: Michigan
Replied: 4/5/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Sure, but the cost of filing for child support is about the same as filing for divorce. If you really cannot afford an attorney, call the Idaho Volunteer Lawyers Program and see if you qualify for pro bono services. You may also try the Women's and Children Alliance.
    Answer Applies to: Idaho
    Replied: 4/5/2013
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    Yes you need to have an Attorney who will work with you on a payment plan.
    Answer Applies to: Georgia
    Replied: 4/5/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Go to the courthouse for your county and ask the court clerk to help you. you can also ask Legal Aid or Legal Services to help you.
    Answer Applies to: New Jersey
    Replied: 4/5/2013
    John Russo | John Russo
    Yes, but no on the arrears because you are married.
    Answer Applies to: Rhode Island
    Replied: 4/5/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    You need to open a case with the Department of Child Support Services to get child support set. They will collect it for you.
    Answer Applies to: California
    Replied: 4/5/2013
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