Denver, CO asked in Child Custody, Child Support and Family Law for Colorado

Q: If my wife moves with our kids to another state, but I dont, Do I need to pay alimony/child support, if we are married?

She wants to move with our kids to another state(WA) eventhough I am staying here in their home state(CO), but wants to stay married, because I provide the medical/dental/vision Ins...Am I responsible for Alimony or child support, if we are still married and she lives in another state, but I dont have any visitation setup to see our kids. She refuses to get a divorce or legal separation, but wants support

1 Lawyer Answer
Stephen J. Plog
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Answered
  • Divorce Lawyer
  • Tampa, FL
  • Licensed in Colorado

A: Firstly, you are under no legal duty to pay child support or alimony unless there is a court order saying you have to. She could certainly file for divorce here to try to get those things. If you want to be divorced and she does not you can still file. You don't need her agreement to get divorced or legally separated. Secondly, if you do not want her to take the kids to WA, you can stop her. If that is the case, you should let her know via email or text that you are not okay with her moving the kids out of state. If that is the case, you should file for divorce right away and get her served. Once she is served, she cannot take the kids out of state without your permission or the permission of the court.

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