Switch to ADA Accessible Theme

Is It Possible to Get Child Support Without Getting a Divorce in Florida?

shutterstock_566473759

For a number of different reasons, a couple may decide to separate without actually getting a divorce. A husband and wife are by no means required to get divorced, even if they do not want to continue a romantic relationship. Some married couples decide to separate on a trial-basis. Other married couples agree to a long-term separation because it is simply the best option for their family.

This raises an important question for parents: Is it possible to get legally-mandated child support if you are separated but not divorced? In Florida, the law only allows a non-custodial spouse to seek child support in this situation. Here, our Tampa child support attorney provides a more in-depth overview of Florida law.

A Non-Custodial Spouse Can Ask a Court to Calculate Child Support

Under Florida’s child support guidelines, parents have a responsibility to provide financial support to their children. As a general rule, child support is sought during/after a divorce or when a paternity action is filed. However, a non-custodial parent can ask a court to determine their child support obligations even if only separated.

In this specific circumstance, a divorce filing is not required. The parent who will pay child support has  the right to ask a Florida court to make an official determination as to the appropriate amount. In some cases, it may make sense for a separated couple to resolve their support issues through this type of legal filing.

A Custodial Parent Must File for Divorce to Get Mandatory Child Support

Under Florida law, a custodial parent cannot file for child support if they are only separated from their partner. A spouse who would otherwise be eligible to request and receive child support must do so through a divorce action or a paternity action.

To be clear, this does not prevent separated parents from voluntarily coming to some type of arrangement. Still, divorce is generally the best option if the non-custodial spouse refuses to contribute the appropriate amount to support the child. Divorce allows custodial parents to assert their rights.

Parents Can Seek a Temporary Child Support Order After Filing for Divorce

It should be emphasized that custodial parents are not required to wait until a divorce is finalized to obtain child support. Once a parent files for divorce in Hillsborough County, they have the right to file a temporary petition for child support. A Florida court can set a temporary child support amount while a divorce case is still pending. A more permanent child support determination will be made when the case is finalized.

Contact Our Tampa Divorce Lawyers for Legal Assistance

At Bubley & Bubley, P.A., our Florida divorce attorneys are passionate, effective advocates for parents. We have deep experience handling complex child support cases. If you have questions about getting child support without getting a divorce, our law firm can help. Contact us now for a confidential family law consultation. From our Tampa legal office, we handle child support cases throughout Hillsborough County, including in Brandon and Riverview.

https://www.bubleylaw.com/how-to-disestablish-paternity-as-a-married-man-an-overview-of-florida-law/

Location & Directions

Bubley & Bubley, P.A. is located in Tampa, FL and serves clients in and around Brandon, Odessa, Tampa, Oldsmar, Land O Lakes, Thonotosassa, Valrico, Wesley Chapel, Lutz, St Petersburg, Plant City & Brooksville, Safety Harbor, Holiday, Trilby, Crystal Beach, Ozona, Apollo Beach, New Port Richey, Clearwater, Tarpon Springs, Port Richey, San Antonio, Spring Hill, Lithia, Pasco County and Pinellas County.

Managed by MileMark Media

© 2015 - 2020 Bubley & Bubley, P.A. All rights reserved.
This law firm website is managed by MileMark Media.

Contact Form Tab