By Daniel Exner
Cordell & Cordell
There is a gray area when it comes to paying child support after a couple has separated but before any paperwork is filed or court orders issued.
Many divorcing dads wonder if they should be paying child support during this separation period. Should you pay if there is no court order? Is it considered abandonment if you do not pay?
There is a legal and a practical answer to those questions.
Legally, you are not required to make child support payments to your spouse unless the court orders the payments. Parties are always free to make arrangements and offer agreements on child support, but the court retains the final word for the best interests of the children.
Parents are obligated to support their children, though. After the divorce paperwork is filed, and if you two cannot agree on support payments, the court may order you to pay temporary or permanent support. This order will generally be based on the child custody schedule, the number of children, and the comparable income of the parties.
How Much Should You Be Paying?
Practically, a voluntary payment of support may affect the progression of your case. For instance, if you pay $100 per week and those payments satisfactorily cover the children’s expenses, you may be able to avoid temporary orders on the subject. Additionally, the opposing party may be more willing to negotiate on other issues.
As mentioned, you should also consider the disparity in income between you and the opposing party and the parenting time schedule you’re currently exercising.
If you make significantly more than the opposing party and she exercises more visitation with the children, you may end up paying much more than $100 per week if this goes to court.
A divorce lawyer would need more information on your surrounding circumstances before giving direction on how to proceed. I recommend discussing your matter with a family law attorney before taking any major action in your case.
Cordell & Cordell:
Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including Milwaukee Divorce Lawyer Daniel Exner, please contact Cordell & Cordell.
10 comments on “Do You Have To Pay Child Support During The Separation Before Divorce?”
My Husband made a divorce paper according to follow ( partly not follow full laws) our motherland not, US law. We both of US citizen. We have three children, twins daughters are17 my ADHD son is 16. After merry my husband brought me here since 1999. He does not want to follow US law. He has been abusing me since 1999, financially, emotionally, mentally, verbally, Facially, physically and sexually. I work a part-time job. My kids are very worried about his had because he is only facially capable to pay and take care of them and the house is only his father. Because the father is capable pays the mortgage. He is a medical faculty. My kids understand my situation and they know I have been suffering but they learned from their dad that he earns more money he should get children not me. Even the house is his. I can’t live in this house. Because he pays. He had another single home, he sold without my permission. He never pays me a single of a dollar a pocket money. I could not earn money until my twins were 13. I only person took care of them hold a day long. He earned money so I had to obey him as like as a sleeve, not a servant. My kids misled by his educated father that he earn money so the house is his, nobody could visit this house without his permission. I should leave his house. Please help me to give advice as according US law. Thank you very much.
I am separated for 4 years I have no idea where my husband is at. he pay 90.00 month child support until august when my daughter turns 18. can I divorce him and should I wait until she’s 18 and I can divorce him w/o any child support issues.
There’s a name for getting child support while a divorce is on the calender, can you please tell me what it’s called
My son’s mom hasn’t gotten a court order yet telling me how much child support I am required to pay, the only thing that I have seen is what the calculations are and I have been paying that amount. Should I continue to pay that amount or wait until it is court ordered.
I’ve been separated a year I haven’t give her any money hand to hand because it isn’t court ordered but I have been paying the mortgage every month buying clothes shoes diapers and my son cell phone bill …extra I have every receipt totaling a lot while I am trying to survive myself I have text messages on wanting my kids and denied will the court take. That into consideration when it comes to Child support
I live in Texas and have agreed with my wife to separate, not involving the courts.
Am I required to pay child support if there is no court order telling me to do so?
My wife told me she didn’t love me anymore wants a divorce I quit my other job turned in my 401 k month before this happend pay bills I was a stay at home dad with my boys 2 and 7 year olds she works as a nurse for the state prison she had a affair with a officer there months down the road I got a job moved out he moved in I live 250 miles from my kids got a new job I can’t see them I’m so far round trip is 500 miles I pay her 500 month for child support she makes more were do I stand in this Ty signed kicked to the curb
Not sure what to do
My ex girlfriend and I have been split for awhile. During that time I had a period where I had no job and couldnt pay child support (we never have had anything legalized or done in courts). But when I got a job q began to pay child support. She constantly tells me I cant see my son or talk to him when I say something she disagrees with. She also tells me im gunna go to jail for back child support. ? I just need some clarification on this situation can you help? I live in idaho so im sure its a little different than Wisconsin. Thanks
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