My husband got arrested for DV and there is a pretrial but his attorney keeps asking for continuence. This is draining me financially without him living with me to support our child. Can I get child support? And its two months since he has helped support our child. Can i also ask for those two months when he wasnt there in the child support?
I am not planning to divorcing him at this point, but while there's a no contact order, I want some sort of child support because It is really expensive raising a 4month old baby on my own. Also, I did tell the prosecutor that I will not testify against him. I just want him to be able to live with us. When I called the court today, they told me that his attorney was just appointed on the 5th, his case was on the 6th and she asked for a continuance. So could I get child support without being divorced if there's no contact order?
Family Law Attorney
Yes, sounds like your husband has a criminal DV. You need to file for a lamily law DV. In the family law DV forms you can request for child support. Please have an attorney in your area review the facts in your case.
Divorce / Separation Lawyer
Child support may be obtained by contact Support Enforcement to open a new account for you and your child. They will get the matter into their system and then start an action seeking child support from your husband.
The other alternative, which may be quicker but more expensive, is to a proceeding for dissolution and set up a hearing ion two weeks as to why he should not pay child support,
I would suggest that you contact a family law attorney and get a 30 minute free consultation. You may contact my office and I will be happy to discuss the issue with you right away.
LEGAL DISCLAIMER Mr. Pierce is licensed to practice law in Washing with an office in Seattle and services clients in all parts of Washington. He can be reached at 206-587-3757 or at the email address at piercefamilylaw.com Mr. Pierce is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Washington law. This response is only in the form of legal education and is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Pierce strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
Family Law Attorney
To add to what the previous Washington attorney has said, yes, you can get child support either through the courts or through DCS, but you cannot get it retroactively, so you will want to either contact DCS or meet with an attorney as soon as possible.
Juvenile Law Attorney
Child support is determined by the parent's ability to pay and the child's need. If you file a petition for dissolution or legal separation, you can then bring a motion for temporary orders requesting child support. The support obligation would be effective on the date the temporary order is entered by the Court. When final orders are entered, a request can be made to collect support retroactively from the date of separation (i.e., when you moved into separate residences). I recommend that you consult with a family law attorney to discuss your options based on the specific facts of your situation.