child support without legal separation

[Alex1176]

What is the name of your state (only U.S. law)? CA
My wife and I talking about separation. She doesn't want any separation agreement or divorce. She just want to take the kid to separate apartment (I can visit any time) and that I will pay her CS according to the guideline of CA. It seems fair for both of us. The question is, what do I need to do to avoid future retroactive sue for CS from her? Does writing on the bank transfer or the check "child support" will cover me?
We both don't want to go to court because of the high cost and some other cultural reasons.
Thank you.

 

[Proserpina]

Seriously Alex, you need a court order.

Nothing else will really, truly cover you; even if you write "child support" on the checks there's never a guarantee that it will actually be classed as child support if your wife files in court in the future (or if she ever goes on State aid and the State files against you).

Court need not be expensive if you're both in agreement and California is very pro-se friendly.

Remember, court orders protect ALL of you.

 

[birdbrain53]

Alex

Proserpina is right.

I'm in California and most courthouses have a Family Law Facilitator's office to help people who need to represent themselves. They don't give legal advice but can help you fill out the forms you need.

The filing fee for a legal separation or a dissolution is $355 (I just informed someone who emailed me looking for that advice).

If you and your wife can make an agreement, then it's very little work to write it down and file it with the court. That way the visitation and the child support will not be changeable according to the way someone feels at different times.

Protect yourself, your wife and your child by making it official with the court. What you tell family and friends is up to you.