can I file for child support while still married

Discussion in 'Child Custody & Visitation' started by mrodrigue2, May 4, 2010.

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  1. mrodrigue2

    mrodrigue2 Law Topic Starter New Member

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    Have a strong feeling my husband is going to leave me & my 4mth baby. If my husband & I are separated but still legally married would I still be able to file for child support or would we need to get a divorce in order for him to pay me child support. (have economic & other reasons why don't want to get a divorce & neither one of us are willing to pay for divorce due to neither one sees how its fair that we blame each other for our separation.)
     
  2. army judge

    army judge Super Moderator

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    Texas will allow you to apply for temporary child support payments and temporary spousal support in contemplation of a divorce.

    But, you must file for divorce to ask the court to order him to pay such support.

    Bottom line, without an official filing of divorce or separation in contemplation of divorce; you'll receive no court ordered support.

    And, this will make you scream, as long as you are married there is very little a court can do to make him pay rent, utilities, medical payments, food, anything!

    So, in order for a court to order him to pay support, you have to bring a divorce action.
     
  3. Proserpina

    Proserpina Moderator

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    Nope, you can file before you are divorced. Call your local courthouse and they will tell you which forms you need.

    By the way, nobody needs to blame anyone else - Texas does have what's called "no-fault" divorce.
     
  4. mrodrigue2

    mrodrigue2 Law Topic Starter New Member

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    I'm sorry I've never heard of the no fault divorce can you please explain it to me??? Thank you lots....
     
  5. jharris352

    jharris352 New Member

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    Proserpina, I've never heard of child support without a divorce. There is no grounds for the courts to order support upon until there is an ACTION ;) They can agree to support in a legal separation but as long as they are married there will be no support.

    A "no-fault" divorce is one where you don't have to prove that either party did anything wrong, but that the marriage is "irretrievably" broken. It is a convenient quiet way to get out of a marriage without airing your dirty laundry in the public record.
     
  6. Proserpina

    Proserpina Moderator

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    I apologize. I meant:

    It's absolutely possible to get child support before the divorce is finalized.

    All that needs to happen is that the divorce is filed.
     
  7. jharris352

    jharris352 New Member

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    OK, that makes more sense.
     
  8. army judge

    army judge Super Moderator

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    This will get you started, mrodrigue2!

    You can do your own divorce in Texas.

    There are many websites that will sell you pro se forms for your do it yourself divorce.

    But, if you are the "wronged" party, you can file using an attorney; and the court will make the offender pay YOUR legal fees!

    Any Texas lawyer will describe how to do thta.

    So, you can hire a lawyer and make the BUM pay for the lawyer, too!







     
    Last edited: May 4, 2010
  9. Duranie

    Duranie Moderator

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    OP..you are going to have to file for divorce and ask for temporary child support. I agree just do a no fault divorce, there doesn't have to be blame or finger pointing. Most states allow no fault anyways and Texas is one of them. You can try this website

    http://www.oag.state.tx.us/cs/parents/apply_services.shtml

    you should google the family court in your county to see how you would go about filing for divorce.
     
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