September 21, 2022

When co parents split, they often wonder what the process means for child support. If the parents are no longer living in the same household, is one parent able to receive child support? What happens with the child custody agreement? Does the divorce need to be finalized for child support to begin? Although every case is different, there is no requirement that a couple must be legally divorced to get child support.

Child Support in Legal Separation v. Divorce

Legal separation and divorce are not the same thing, even though in both cases the parties are asking the court to recognize their separation. Divorce is when two married parties file a court action to dissolve their marriage, typically with the aid of a lawyer. The divorce decree will divide assets, debts, and address child custody, child support, and spousal support. A legal separation is when the parties remain legally married but no longer live together or share finances. There are several reasons for choosing this path, but generally, the court will address a child custody agreement and child support. In the case of legal separation, you do not need to be divorced in order to receive or pay child support.

Child Support During the Filing Period

In the time period prior to filing for divorce when a couple has decided to separate, or in the time between when the first partner files and the divorce is finalized, a temporary order for child support can be granted. In this case, an attorney will file a motion for child support and the court will calculate the child support payment amount and the child custody agreement. During this time, each spouse can work with their attorney to determine if the child support amount or the child custody agreement will need to be changed when the divorce is finalized, but child support can begin right away.

Child Support When the Parents Were Never Married

When two parents separate, a child support order and child custody agreement can be determined by the court, even if the parents were never married. The primary custodial parent will usually be due child  support from the non-custodial parent, and a child custody agreement will be determined.

What Do I Need to File for Child Support?

When you are separating or filing for divorce, reach out and obtain legal counsel to help you proceed with the next steps. An experienced family law attorney can give you the right guidance on what to do, as well as use the child support calculators to help you determine how much child support you might expect to get when your case goes to court. Your attorney can help you make educated decisions about the child custody agreement, the child support process, and the other aspects of separation that will impact your children. You and your spouse, along with your legal counsel, will develop a parenting plan to use moving forward.

When parents choose to separate, whether or not it is through legal separation, divorce, or unmarried partners choosing to split, a child custody agreement and child support are important to understand. Many parents have strong emotional feelings about both custody and child support, and a good family attorney can help you file for child support with a clear head. Separation and divorce can be an extremely emotional time, especially when kids are involved. If you have questions about child custody, contact my office today.