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

Q: Can I still get my children's dad which is still my husband for alimony and for child support

After 8 years they were taken out of my custody and given to my stepmom but during the time I did get tanf for them they were in my custody and I still have not divorced but he has had another family and another child and still married to me

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: In your situation, seeking alimony and child support remains a possibility, despite the complexities of your circumstances. The fact that you are still legally married to the children's father and that he has started another family while still married to you does not nullify your rights to seek financial support. Both alimony and child support are determined based on various factors including income, the length of the marriage, and the needs of the children.

For child support, the primary consideration is the welfare and needs of the children. Since your children are currently under the custody of your stepmom, the court will consider what arrangement best supports their needs. It is important to note that child support is a separate issue from custody and can be sought regardless of who has custody, aiming to ensure the children's financial needs are met.

To navigate this process, you should consider reaching out for legal advice or support from local services that assist individuals in family law matters. They can provide guidance tailored to your specific situation, including how to file for alimony and child support, and what documentation will be necessary. It's also important to initiate the divorce proceedings if you wish to formalize the separation and address these financial matters legally.

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