El Monte, CA asked in Child Support, Divorce and Family Law for California

Q: I have a 17 yr old daughter who is in high school and I want to know if I can file for retroactive child support.

do i need to open a case with child support services and then file a petition in court.

i am still married to her father, but we are separated since 2011.

2. i have been married to him for 22 yrs, can i still request spousal support if I work. I am also under going chemo treatments for breast cancer at this time. I am working only 32 hours. He also has comitted adultery while still married to me and need to know what I can do. He has taken trips to Columbia (2014)and San Andres (2016) and is always telling me that has no money. He is only paying her school tuition and does not provide support when my daughter is on summer vacation. Thank You.

1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: Child support is retroactive to the date you file your request in court. I am not clear what "separated" means. If you are seeking spousal support, you need to have filed for divorce or legal separation first. If you're still married but no longer living together (this is what most lay people mean when they say 'separated'), you need to make the divorce or legal separation filing first.

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