Fernandina Beach, FL asked in Child Support and Divorce for Florida

Q: What constitutes a legally separation in fl and when does the majority parent get child support?

Husband is gone Monday thru Friday he comes home Friday afternoon around 5 pm and leaves around 3am Monday morning. He wants to stay in the house because he said we can’t afford two separate places. If I leave on the weekends will this hurt me getting custody of the kids every other weekend? Also he wants all bills split 50/50 while u makes twice the money I make and he has no expenses while out of town.he does pay for the kids insurance. If the kids need something and I don’t have enough money to pay for it he will think about reimbursing me the money. If he feels like it’s a good reason. If we live in an agreement like this will I get child support or does that happen only once divorced

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1 Lawyer Answer
Rand Scott Lieber
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Answered
  • Hollywood, FL
  • Licensed in Florida

A: There is no "legal separation" in Florida. If you are considering an agreement like the one you have described you should at a minimum get it in writing. If the two of you continue to live in the same house without a formal divorce then it is unlikely that child support would be awarded. You have raised several issues that require more careful consideration and specific advice. Speak with a local family lawyer for more specific advice.

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