QUESTION
does a couple need to be legally divored before the parent with custody of the children can received child support?
Asked on Jun 16th, 2013 on Child Support - Ohio
More details to this question:
I am trying to find what direction my tenant should go. She just left her husband, (basically he kicked her out with 4 children 2 of which are his the other 2 of from another marriage so we know he is legally not responsible for them) She was fortunate to find an apartment with us, but is now wondering what to do about child support for their 2 children. She has mentioned that someone told he she needs to file for divorce before she can get child support. I don't know where she heard this but is it the case. She has no money to file for divorce or even a legal seperation. She did obtain temporary custody from the court system. She lives in Painesville, Ohio Can you give me infor to lead her in the right direction for I know nothing about this issue. She doesn't have a computer or phone so I am trying to help her. e-mail address below will be mine.
1 ANSWER
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When married parties separate, but neither party has filed for divorce or a legal separation, the juvenile court in the county where the children reside has jurisdiction to determine the custody and support of the minor children. In other words, you do not have to file for divorce or legal separation in order to obtain a custody or child support order.
If either party files for a legal separation or divorce at a later date, the juvenile court will continue to have exclusive jurisdiction to modify custody or support.
If the party with possession of the minor children does not have the resources to pursue an action in court and is only seeking the establishment of child support, he or she has the option of going to the Child Support Enforcement Agency (CSEA) in his or her respective county and asking for the establishment of a child support order. However, CSEA will not be able to establish an order if juvenile court has already assumed jurisdiction regarding the custody and support of the minor children. This means that if juvenile court has already issued an order, CSEA cannot.
Please be advised that the above answer is for information purposes only and is not intended to create an attorney client relationship.
Answered on Jun 17th, 2013 at 1:19 PM