Can I get child support in California if I am not getting a divorce? 7 Answers as of January 20, 2011

I have been separated for two years from my wife, and my kids live with me. Can I get support without filing for divorce in California? We have not been living together since our separation, and even file taxes separately.

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Yes there is a way to obtain child support without filing for divorce.
Answer Applies to: California
Replied: 1/20/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
Yes. There is a process to get support orders without getting divorced. However, as part of that process you need to also get orders on custody and visitation. It is not practical to describe the entire process via an email. I suggest you consult with a local family law lawyer, and that person can describe the process in detail relative to the facts in your case.
Answer Applies to: California
Replied: 1/20/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Yes, you can. Your options are 1) for you to file independent private Civil Action pursuant to Family Code Section 4000 to enforce your husband's duty to support [you will likely need to retain a Family Law Attorney to do that], or 2) to seek and obtain the assistance of the county pursuant to Family Code Section 4002 to enforce your husband's duty to support, on behalf of your child. In the county of Los Angeles, CSSD is the public service agency which you would need to contact for such assistance.
Answer Applies to: California
Replied: 1/19/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Yes, there is a separate filing for requesting just custody, visitation, and/or support. Please feel free to contact me for a free consultation to discuss your options.
Answer Applies to: California
Replied: 1/19/2011
Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
You can still get a support order from the court even though you are not legally divorced. If you are legally separated you can petition the court to issue an order for support.

Feel free to contact our office with any further questions.
Answer Applies to: California
Replied: 1/19/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    Yes you can. You can even get it done for you for free if you enlist the services of the County Department of Child Support Services.
    Answer Applies to: California
    Replied: 1/19/2011
    Pisarra and Grist
    Pisarra and Grist | David T. Pisarra
    You need to just file for either a legal separation or a divorce and have the court order child support. You should buy my book A Man's Guide to Divorce Strategy, on Amazon and as an ebook at my website
    Answer Applies to: California
    Replied: 1/19/2011
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