Legal Question in Family Law in California

My husband and I are going to get a divorce but currently no papers have been filed and we still live together until the end of our lease next month. He has not worked in 3 years and I have been supporting our two children on my income. Can I file for child support now while we are still living together or do I need to wait until we are seperated and/or have divorce papers filed?


Asked on 5/07/12, 4:39 pm

1 Answer from Attorneys

If he has no income and you do, you will wind up paying him support, unless you get an imputed income order if he's not trying to find work. In any case, you have to have a court proceeding started, whether divorce or legal separation, before you can ask for a support determination and order.

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Answered on 5/07/12, 5:28 pm


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