Can you file for child support before a divorce?

Yes, you can. The moment the parties are separated, you can request child support. However, it may not be in your best interest to do so, especially if you and the other parent are still living together.

Before talking about the pros and cons of filing for child support, we need to talk about the different types of child support. There are two types of child support: custodial and non-custodial (also referred to as "non-primary"). Non-custodial means that the parents have joint legal custody, and the non-custodial parent has physical custody of the kids 50% or more of the time. The custodial parent is often referred to as "the mother" because she's usually the one who gets physical custody. Either way, both parents are still responsible for their children regardless of whether they're primary or non-primary.

When one parent wants the courts to require the other parent to pay child support, they go through a process called "filing". Filing means that they take their documents to the court, and request an order from a judge. If you want to know more about how this works, you can check out our blog about filing for divorce.

Ascent Law LLC

8833 S Redwood Rd Ste C

West Jordan UT 84088

(801) 676-5506

https://www.ascentlawfirm.com/child-support/




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