Tomorrow I have an appointment with an attorney. My son and I are moving in with my parent's 4 hours away from my husband(his idea). I am unsure if I want to file for divorce or not(if you need to know my reasons and all you can check my previous questions), but I am interested in child support for my son while we are living apart. Is it true I can file for child support without filing for divorce? Also, I am going to present everything(evidence) to the attorney so he can know the whole situation and is it possible to not file for divorce but take some time and if I decide to do so to call the attorney and let him know since he will have all my information? Is there some sort of legal time limit on these things?
2007-03-14 15:25:42 · 16 answers · asked by love my life 2 in Family & Relationships ➔ Marriage & Divorce
yes, you can be 'legally separated'. You can also get CS while you are 'taking time apart to think'. Good luck to you :)
2007-03-14 15:29:32 · answer #1 · answered by fwog_fwog 4 · 0⤊ 0⤋
Yes, you can file for child support. You may need to do it under the cover of a "legal separation" however. Your lawyer will know the laws in your state. In some states you can also get a type of spousal support if you are not living together - ask your lawyer. Yes, you should present everything to the lawyer - best not to have any secrets from him! It is definately possible to take your time to decide what to do. As a matter of fact I would recommend you not take any decision until you have had time to digest the information you learn at the appointment. The lawyer will probably ask for a retainer to open a file on you and keep it active. Then, whenever you decide to do something, you just call him up and let him know.
Good luck.
2007-03-14 15:32:29 · answer #2 · answered by CV 3 · 0⤊ 0⤋
Depending on your state I know that in PA you can file for child support without filing for divorce the only thing you have to do is show proof of separation. And the attorney will take care of it there will be a hearing and you and your husband will have to be present even if he doesn't show up the hearing will continue and they will decide by his income what he has to pay and also check to see if you can get spousal support too,I would try it the worse thing they can say is no GOOD LUCK and let us know how it turns out
2007-03-14 15:32:45 · answer #3 · answered by worried about our country 2 · 0⤊ 0⤋
Some states require a legal separation. Since you have an appointment with your attorney tomorrow he should be able to tell you everything you need to know about your situation. Lots of luck in whatever you decide to do.
2007-03-14 15:45:33 · answer #4 · answered by The Nana of Nana's 7 · 0⤊ 0⤋
You should be able to get child support before the divorce. Maybe get a legal separation. No legal time limit, but keep in mind you'll still be married, so the debts will still be in both names, Just make sure you've got a good atty.
2007-03-14 15:42:00 · answer #5 · answered by walker9842 4 · 0⤊ 0⤋
It depends on the state you live in.................but, you can get your paperwork together with your lawyer and decide later on. Now, as for child support you may have a problem because you won't be legally seperated. If your husband wanted to be a prick he could petition the court for full custody or visitation because you will be living 4 hours away. Be careful what you do and make sure you provide all written evidence to your lawyer. It's good to have all info documented.
2007-03-14 15:33:20 · answer #6 · answered by Nagitar™ 7 · 0⤊ 0⤋
Why don't you just go to your local cse when you move in with your parents but what happens if the two of you decide to reconcile is that going to be unconfortable having your own husband paying you child support for your child if the two of you share the same living space maybe the two of you should do a seperation agreement for support for your child.
2007-03-14 22:56:38 · answer #7 · answered by CaliMa 3 · 0⤊ 0⤋
i am sure that your attorney has told you that you can file for divorce at any time... no time limit.
as for custody, you should get it in a court order, otherwise, your ex can take/keep the kids anytime they want and there would be nothing you could do about it (except take them to court about it). they get angry, they take them.
they can even snatch them from their bus stop. my ex did.
custody order is protection for all involved.
child support is also protection; protection by state and federal law that the children are not forced to live in poverty, and are provided for... by both parents.
child support today is calculated by BOTH parents incomes. if one parent isnt working, a minimum wage is calculated for them, thus lowering the support amount.
thus, both parents pay support, not just the man as many would believe or assume.
my best advice; learn your states laws on visitation, custody, child support, and divorce. LEARN IT ALL. its your best armor.
stay strong, and stand your ground. your children depend upon you doing so.
email me and i will send you a whole list of law sites (free) for your state.
YAHOO SUPPORT GROUP
http://groups.yahoo.com/group/SingleMomsOnaMission/
2007-03-15 01:52:37 · answer #8 · answered by Yvette B yvetteb 6 · 0⤊ 0⤋
You are entitled to child support during your separation. Your attorney will file the papers for this. Then, when or if you're ready he can file the papers for you.
2007-03-14 16:03:36 · answer #9 · answered by Diana 1 · 1⤊ 0⤋
PLEASE get legally separated. If he creates any bills or anything while you are apart and your not legally separated you can be libel for half of them. You can get child support and other assistance as well as long as it's legal. just because you are legally separated does NOT mean you have to get divorced! Also if he picks up your son for a visit and decides to keep him, if you aren't legally separated there's NOTHING you can do about it!
2007-03-14 16:55:37 · answer #10 · answered by TJ 2 · 1⤊ 0⤋
You can file for a legal seperation, which isn't as permanent and request child support in the court system.
2007-03-14 15:32:18 · answer #11 · answered by Meredith 2 · 0⤊ 0⤋