My wife and I have been separated for the last 11 months. We have been living separately for the last 9 months. Our daughter lives with me. My wife refuses to get a divorce. Because she does not want to have to pay child support. She said she will not agree to any divorce. If she has to pay child support. Our daughter does not want to live or visit her mother. I can not allow joint custody or share equal living time. Do to the fact her live-in boyfriend is a registered sex offender.
Estate Planning Attorney
Yes. You can get child support even when you and your spouse are separated. You did not say whether or not you had filed for divorce. You can request the court to order support if you are given custody.
This response does not create an attorney client relationship nor should the advice be relied upon because it is not specific to your legal situation. Before you depend on legal advice, you should retain competent counsel.
Right now, both you and your wife have equal rights to custody of your child under the law. That means that your wife could come and pick up your child and would have the right, as you do, to have her in her care. If you are concerned that your daughter would be exposed to harm in her mother's home, then it would be wise to take legal action sooner rather than later.
You can file for divorce and ask for temporary and permanent custody and child support. She doesn't have to agree to a divorce. Georgia is a no-fault state. In any event, it appears that she has not been faithful to the marriage, so you would ostensibly be able to file on a fault ground (adultery), but doing so may generate additional hostility and conflict and may not be good for your child and may impede a more expeditious resolution of the issues.
You should speak with an attorney about your legal rights, obligations, and avenues for relief, as well as visitation parameters, safety provisions, that you can request be put in place when the child visits her mother. For example, you can request that the visits take place in a public place and that overnight visits not be allowed.
This answer is offered for informational purposes only. It is not offered as nor does it constitute legal advice. This answer does not constitute an attorney-client relationship. Do not rely on this answer in prosecuting or defending against any criminal or civil legal action. Speak to an attorney in your area about how to protect yourself and your interests.
Family Law Attorney
Yes, you can receive child support while still married. But, why are you staying married? The fact that your wife is refusing to consent to a divorce does not mean that you cannot obtain one. It only means that your divorce will be contested.
You have three options:
- Open a case with your local Office of Child Support Enforcement. This option does not address the issue of custody, thus your wife would be free to take the children whenever she wishes.
- File a complaint in Superior Court for child support and custody. It addresses child support and custody; but you'd be paying double filing fees when you get around to filing for divorce.
- File a complaint for divorce. This takes care of everything.
Good luck deciding what to do next.
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.