Hyde Park, NY asked in Child Support, Divorce and Domestic Violence for New York

Q: can I file for child support without filing for divorce in New York?

I have an 18yr old son who lives with me who has an order of protection against my husband and he is not living with me. We have 2 other minor children who also live with me. He is threatening to turn off utilities, cancel health insurance and take away other things unless I force my son to petition the judge to drop the order. He bombards me with abusive texts trying to intimidate me and sometimes calling me horrible degrading names. I can not afford a lawyer at this time but I need to file for child support now. I need to stop the harassing texts now. Can I file for child support without filing for a divorce? Do I need a lawyer for that? if I am entitled to have him pay for a lawyer becasue he makes 4 times as much as I do will he be required to pay for that attorney during the child support process? I am afraid of how he will react if I file for anything! He has always been emotionally and physiologically abusive but since the OP he gets worse everyday!

1 Lawyer Answer
Christine Moccia
Christine Moccia
  • Rye Brook, NY
  • Licensed in New York

A: Not sure where you live, but if you go to the Family Court clerk they can be helpful and you can at least start the process yourself. I suggest also a consultation with a qualified attorney at some point because you will need the divorce. Start something soon so you can get at least some child support and maybe an order of protection for yourself.

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