My wife recently moved out of the house and took our 7-year-old with her. She is also requesting that I pay her child support.
Am I obligated to pay child support even if we’re not divorced yet?
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
Generally, you are obligated to provide reasonable support for your child if he is no longer living with you. Even if a divorce, legal separation, or child custody action is not initiated, a party having custody of minor children may be able to seek child support from the non-custodial parent.
However, absent a voluntary agreement between the parties, until she files a motion to the court you will not be obligated to pay the amount she requests.
Therefore, although there is no support order yet, you should contribute to your child’s expenses, which essentially means paying child support.
Remember, I am unable to provide you with anything more than divorce tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.