QUESTION
Child support while living together during divorce process
Asked on Mar 15th, 2023 on Child Support - Florida
More details to this question:
Me and my wife are going thru divorce process in Florida but we are living together in the same house, I pay all the expenses except for utilities and I pay kids after care too, do I still need to pay child support during this entire process, in other words do I back owe child support money, she works and I work too but she makes less money than me, I tried searching online but I can't find anywhere
1 ANSWER
Dear Anonymous,
Unfortunately, since you are still living together you have no legal recourse. If you were living apart, you could file an action for separate maintanance under Florida Statute 61.09 and 61.10. Those statutes allow the court to give a spouse who is living separately from the other spouse both spousal support as well as child support, if under the law, the spouse qualified for same.
However, when the spouses reside together there is no relief available from the court.
Sorry I could not provide more positive information.
Best of luck,
Cindy S. Vova
Family Law Offices of Cindy S. Vova, P.A.
Broward: 954-316-3496
Boca Raton: 561-962-2785
Answered on Mar 28th, 2023 at 5:23 AM