Can I file for child support before divorcing?

[kel4377]

Well, haiku said I need to file for legal separation before I can file for child support. Is that right??

 

[Cookie97128]

... 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. ...

I asked for a 75. per month raise per child and the courts order a bit more. I would have been fine with 400 per month. But, it's funny, cuz the courts ordered 203. per child. At 406 per month for both... LOL

Just because you agree on the amount, doesn't mean that the courts will grant your request. I got a whole $6.00 more!!! LOL

Oh, btw, he fought the increase. He was in college, working pt. He was ordered to get a second pt job, or bring his current job up to fulltime.

 

[haiku]

Well, haiku said I need to file for legal separation before I can file for child support. Is that right??

Yes.

 

[Whyte Noise]

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.

Right you are there FJ...

However, the OP doesn't live in your fine state.

She lives in NY. LOL

New York is a "fault" state, meaning that there has to be actual grounds for the divorce, not just the catch all "irreconcilable differences" that most of us enjoy filing under. One of the grounds is living apart for a year under a separation agreement. That's probably what Haiku was talking about with the separation issue.

 

[haiku]

Yep, missourigal, thats what I was getting at. My apologies to the OP as I am NOT from NY, but my assumption is that she would have to file for some form of separation legally.

 

[FJ1200guy]

NY?!?!

What in the HECK was I thinking? Duuuuuuuh! I am VERY sorry, Kel, and posters... (thanks MG for pointing that out)

Damn... again, I apologize, Kel... brain fart I guess.

I bow to the superior wisdom (and reading skills) of Haiku and Missourigal!

SO tempted to delete my MI post. LOL. But no...

 

[stealth2]

Having been divorced in NY.... yes, you can get temporary support orders. How to do it on your own? Not a clue - I'm of the "pay an expert" school.

 

[kel4377]

stealth2, you can get temporary support orders without legally separating first?

 

[Jeter]

In NY you go to family services and they will contact your husband's employer to find out what his salary is. Then they will calculatethe proper support and garnish his wages. You do not need a seperation order to do this. I know this from first hand experience.

 

[kel4377]

Family services, you mean down to the court building, the family clerks office?