i married a man in the military. things didnt work out so i moved out. he is currently in one state and i am in another. ive heard that because i was the one who moved out and because we are not legally divorced or even legally separated i cant get child support is this true?
Family Law Attorney
What you heard is wrong. In theory, you can receive child support while married. Moreoever, if your husband is still in the military, he is REQUIRED to provide you and youd child support, because he receives money from the miltary because he has dependents. In theory, you could report him to his superiors for not doing so.
Of course, the best advice any attorney can give you is that there is clearly no reason NOT to file for divorce (sorry, about the double-negative). If you and your husband ever lived together in Georgia (well, really even if you did not live here together, if any children of his live with you here), you can file for divorce here, despite the fact that he lives in a different state. I STRONGLY urge you to consult with an experienced divorce attorney in Eastern Georgia area about your rights and options. Good luck!
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Family Law Attorney
As Mr. Rockefeller stated, that is NOT true. If the parents of a child do not live in the same household (do not have the same primary residence), then the non-custodial parent is obligated to send money to the custodial parent for the support of the child. The relationship between the parents is not relevant to the duty to support the child.
Since the child resides in Georgia, GA has jurisdiction for establishing and enforcing a child support order. You have the option of filing a superior court case to establish a support order, or opening an Office of Support Enforcement case for child support.
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.
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