Saturday, August 17, 2013

Can I file for Child Support if my husband has not moved out yet?

Q:  We are finishing up a bankruptcy together and he is planning on moving out in a few months. Then we plan on going to mediation in the mean time I would like to file for child support so he knows what he will be left with and I know what I will get, so that way we can budget moving forward.

A:  David's Answer:  Generally the answer is no. The reason is that the Court must determine one parent versus the other is the "custodial parent" for child support purposes. If both of you are living together, then you are both, in effect, the custodial parent of the children. An exception may be made if there's an allegation that, despite having financial means to do so, one parent is willfully refusing to help pay the basic necessities of the children. In any event, for a full assessment of your situation, schedule a consultation with a Westchester Child Support lawyer.   -- David Bliven, Westchester Child Support attorney (

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