Can I Get Child Support Without a Divorce?
Florida statute requires all legal parents to at the very least financially support their children. Therefore, if a parent is found to not be supporting their child, regardless of the marital status of either parent, you may be required to pay child support. If you share a common child with a former partner or even a spouse, whom you are separated from, you may petition the court for an order of child support, outside of a divorce proceeding. Contact a Tallahassee Child Support Attorney today to discuss your options and the process of retaining a child support award.
If you are legally married to your child’s parent but are contemplating divorce, living separate, or simply taking time apart, you may petition the court for a child support order. Within this Motion, you must request the court to award child support and the reasons for the requirement of this child support award. For instance, you must provide evidence that your spouse is no longer within the home, and failing to financially support your common child. Evidence required may only be the discrepancy in the incomes between you and your spouse and the evidence of separate living situations. However, it is crucial to inform the court as to the reasons for why you are in need of a child support award.
With your Motion for Temporary Child Support, you will also be required to file a Uniform Child Custody Jurisdiction and Enforcement Act Affidavit, Notice of Social Security Numbers, a Child Support Guidelines Worksheet, a Family Law Financial Affidavit, a Proposed Parenting Plan, and Notice of Compliance with Mandatory Disclosure. If you do not have a Parenting Plan established between you and your spouse, you may also request the court to enter one for you or enter the proposed plan you filed along with your motion. If no plan has been determined, the court will first formulate a parenting plan before awarding a child support amount. The amount of child support awarded will depend on the financial status of both parties, including their monthly income as well as their available assets. Further, the court will consider the number of children between the parties as well as the timesharing arrangement. The factors used in a temporary child support award are the same as any permanent child support order, following the Florida Child Support Worksheet and adjusting the amount dependent upon the amount of time spent with each parent.
If you are separated from your spouse, whom you share a child with, you are still entitled to a child support award without seeking a divorce. Contact a Tallahassee Child Support Attorney today to discuss your specific situation and the need of a child support award. We will be able to assist you in this process and advocate for your rights and your child’s rights for financial support.
Speaking to an attorney at our Tallahassee office is free of charge, and we accept calls 24 hours a day, 7 days a week. Contact us at 850-307-5211 or complete an online contact form to get in touch with a member of our team today.