QUESTION
Can you file for child support even if you're still married to your child's dad but living separately?
Asked on Oct 19th, 2023 on Family Law - Florida
More details to this question:
A friend of mine is separated from her husband because he doesn't want to provide anything for them. In fact, he didn't want a child. When he found out that they were having a baby, he asked my friend to have an abortion, which she refused. Now they are living separately but they are still married, is she able to file for child support?
1 ANSWER
Dear Anonymous:
Yes, your friend can file an action with the Court under Florida Statute 61.09, "alimony and child support unconnected with dissolution." This section of the law permist a married person, who is no longer living with the other spouse to seek child support as well as alimony when the other spouse has the ability to pay support and does not do so.
She will have to file an action with the Court. To start, she can look at this form https://www.flcourts.gov/content/download/685832/file_pdf/904b.pdf, which provides some direction as to how she can proceed to to this.
Best of luck,
Cindy S. Vova
Family Law Offices of Cindy S. Vova. P.A.
Miami-Dade-Broward: 954-316-3496
Boca Raton-Palm Beach: 561-962-2785
Answered on Oct 23rd, 2023 at 5:52 AM