If I file for divorce, can I still get child support, until judge decides who will get the home?
Family Law Attorney
In your scenario, with children involved in the divorce proceeding, you should be requesting temporary and permanent exclusive use and occupancy of the home for the benefit of the child(ren), to be heard alongside your request that the court establish child support pending a final hearing. The court will have the authority to require a parent to leave the home, if in the best interests of the child(ren) and to order support at that time. I think it would be very unlikely that the court would award child support retroactively for the time periods where you were residing in the same home as your spouse with the children (unless you can show that the other spouse was making no contribution to the expenses of the household/children's needs).