Port Saint Lucie, FL asked in Child Custody, Child Support and Divorce for Florida

Q: Can I request sole custody, alimony/spousal support and child support without filing for divorce in FL?

Walked out on me and our toddler July 2015. Reconciled August 2015. Kicked him out December 2015. Still legally married. He hasn't contributed financially since March/April. I pay the mortgage, daycare, extra-curricular activities ... every expense. He completely disappears for weeks at a time. Falsely accuses me of adultery. Won't help pay toddler's medical bills or half of IRS tax payment due in September.

2 Lawyer Answers

A: No. What you are asking for is a legal separation, which is not an available remedy in Florida. File for divorce and child support.

A: You may want to review Section 61.09 (Alimony and Child Support Unconnected with Dissolution) and Section 61.10 (Adjudication of obligation to support spouse or minor child unconnected with dissolution; parenting plan) of the Florida Statutes.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.