Asked in Child Support and Divorce for Georgia

Q: If me and my wife are separated but not legally and I pay for the house she lives in can she still get child support

Even tho we are not divorced yet

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3 Lawyer Answers

Paula J. Mcgill

Answered
  • Atlanta, GA
  • Licensed in Georgia

A: In Georgia, she can file for "separate maintenance" and obtain child support before filing for a divorce.

The house is a marital property issue, not a child support issue. If you wife works, you may want to require her to pay a portion of the mortgage to you based on your relative incomes.

Also, regardless of the house, you have the obligation to provide support for your children for other things such as food, clothing, school supplies, etc.

I recommend you go to the Georgia child support worksheet to see how much you may owe in monthly child support payments should you go to court.

Homer P Jordan IV agrees with this answer

P. Justin Thrailkill

Answered
  • Fayetteville, GA
  • Licensed in Georgia

A: You do not have to be divorced to obtain a child support order. You may pay household expenses is lieu of support, but that is more or less your burden to demonstrate to the court in an enforcement proceeding. The best policy is to file for divorce and address support with the other issues that come with divorce.

Homer P Jordan IV agrees with this answer

Homer P Jordan IV

Answered
  • Atlanta, GA
  • Licensed in Georgia

A: The house and child support are different issues. A judge will make determinations regarding child support after reviewing the facts of the case. You should consult with an attorney who can review the facts and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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