Can I file for child support before divorcing?

[kel4377]

What is the name of your state? NY
My husband and I have been separated for about 3 months now and I was wondering if I'm able to file for child support before we even file for divorce?

 

[haiku]

What is the name of your state? NY
My husband and I have been separated for about 3 months now and I was wondering if I'm able to file for child support before we even file for divorce?

you need to file for legal separation, and set temporary custody and support until the final divorce decree.

 

[kel4377]

Can I do that without a lawyer?

 

[I AM ALWAYS LIABLE]

Can I do that without a lawyer?

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My response:

How are we supposed to know your capabilities?

What's your educational background?

Do you graduate from an accredited law school? Hell, for that matter, did you graduate from ANY school?

IAAL

 

[I AM ALWAYS LIABLE]

http://www.courts.state.ny.us/home.htm

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My response:

Tell me, Karma, what was the purpose of that link?

How is that going to help our writer? How will that link help her to "do it herself"?

Be specific.

IAAL

 

[issaka]

This may help

http://www.courts.state.ny.us/contactus/index_court.shtml

For assistance with questions about the court system in general, about legal information, or any court-related matter, please send an e-mail to: ......

 

[kel4377]

IAAL, It's nice that all your responses have to be so rude and smart to people. No, I did not graduate from law school, I was basically just asking if you can file for a separation without using a lawyer. As for me graduating from ANY school, yes I did, I do have an education unlike alot of people out there. I have been in the courts plenty of times with my husband for matters concerning his daughter with an ex, so I'm very familiar with the court system and filing paperwork. I was just unsure if it was allowed to be done.....to file for separation without a lawyer.

 

[I AM ALWAYS LIABLE]

I have been in the courts plenty of times with my husband for matters concerning his daughter with an ex, so I'm very familiar with the court system and filing paperwork. I was just unsure if it was allowed to be done.....to file for separation without a lawyer.


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My response:

If you are "very familiar" with the court system, then why did you even ask? You should already know the answer.

The answer, of course, is "yes, you can file In Propria Persona". However, the better question would be, "Is it prudent for me to file my papers on my own" and, the answer to that would be "absolutely not." The reason is because you're merely an "observer" to the court system and you really have no clue how to prepare the paperwork properly, and you don't know the laws involved, nor the Court Rules and Procedures required to get you from point A to point B.

Would you ask a car mechanic to build a house for you?

IAAL

 

[FJ1200guy]

Hell yes you can file. LOL... I learned that firsthand... and you know what else? Any money he gives to you before the support is stole.. errrr, taken from his check, doesn't count against any arrears. That moneys will be considered "gifts".

Hmmmmmmmmm could you imagine a mechanic building a house? At $80.00 and hour? Ouch...

edit: I mean "an" hour... ugh, tired.

 

[I AM ALWAYS LIABLE]

Hmmmmmmmmm could you imagine a mechanic building a house? At $80.00 and hour? Ouch...


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My response:

My current fees are $325.00 per hour.

IAAL

 

[kel4377]

FJ1200guy: Did you file by yourself?

 

[FJ1200guy]

No, my ex filed, actually. I believe all you have to do is go to the Friend of Court office. Tell you what, I'll ask her here in a bit, I have to call anyways tonight, okay? Heck I had CS coming out of my check before I even knew it!!!


Edit: Okay talked to the ex... she said she didn't have to do anything, that friend of the court handle it all. She went in by herself, and they asked where I worked, where I lived (not sure if they needed that to get going) and stuff like that. Ideally you can go there with him and get it settled together. If not, they will notify him, as they did me, asking him to come in. Now they have a formula they use to figure the CS, taking both of your incomes into account... I gave them that info when I went in, as they asked me to in the letter I was sent. I would go in together, it's alot better, unless he is going to be a dick about support.

You CAN agree to less than FOC recommends, or whatever you 2 agree upon. If you can't agree, they will go by the formula. You can also agree to NOT have his check garnished, but in my opinion, it's better for you both to just do it that way. I admit I pissed and whined about it... LOL... but it is better for you both, since you won't have to worry about dealing with it.

Okay if I missed anything, let me know, k? Bottom line is just go in to the FOC. Take him with if you can.

 

[kel4377]

Thanks FJ1200guy for all your help!

 

[Jeter]

Kel, I have to admit I was confused with this post because your original question was can you file for child support on your own, then it changed to can you file for separation.

 

[FJ1200guy]

In MI a person doesn't have to file for separation to get CS. I think where you got mixed up, Jeter, was after Kel asked about CS, and Haiku had mentioned filing for legal separation. There is no such thing as legal separation in our fine state. It's called "seperate maintenence" here... don't ask me why.