Legal Question in Family Law in Florida

can you set up child support before the divorce?

have been a stay home mom for 7 years, if I get a job will that hurt any chance for alimony. I have no income so I have no way of hiring a lawer. Moved out of the house 9 weeks ago and my husband has bought groceries twice. I have 2 children a 15yr old and a 7 year old. We are living with my sister and her husband. we have been married for 14 years.


Asked on 11/09/09, 9:59 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

You need to try to get a job to help support your children. You can start divorce proceedings without a lawyer, if necessary. Depending on the circumstances, some lawyers will represent you without money up front.

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Answered on 11/14/09, 11:21 am
Brent Rose The Orsini & Rose Law Firm

Absolutely you can seek child support without filing for divorce. One way is to file for legal separation, but there's no sense filing for separation becaue, if you were going to file anything you could just file for divorce. The other way is to file for support at your local Child Support Enforcement office. You'll find them online or in the phone book under Department of Revenue or myFlorida.gov. If you file for food stamps, welfare, medicaid, etc., the state will probably frce you to see child support. A job probably won't hurt your alimony claim, but you'll hae to speak with a lawyer to know for sure. Usually, even if you don't work, the judge subtracts a reasonable salary (it could be minimum wage if you haven't worked lately) for you from alimony anyway. Once you separate, you have to work, you can't just sit at home and collect alimony and child support.

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Answered on 11/15/09, 12:18 am


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