Q: Ive ben legally married for almost 12years,and have a 10yo daughter with him.However I have not ben with him in10
of the yrs.Hes seen our daughter 5-6times tops then just stopped showing up,dont even call to check on her or on holidays.Hes NEVER given me a dime,not even when pregnant.He has a child with someone else witch she dont let him see him bc the baby(3/4yo)came home with bruises from a visit wit the"dad"and mom requested a drug test but he refuses to take one apparently,Anyway hes all over social media complaining about not getting to see his son but never mentions our daughter.Long story short since im still legally married to the pos can i still file for child support?Also hes trying to file for disability bc hes lazy and cant keep a job,in reality hes a drug addict and a compulsive lier.Can i still make him pay support and if he was to file taxes or some how get disability will part or all of that go to our daughter that hes never helped me with??
A:
You can seek child support from someone you are married to if you're living apart.
It would be better for you for him to file his takes so you can intercept his returns for unpaid support.
If he goes on disability, there should be an additional award for the child with a lump sum and a monthly payment. That usually replaces child support (except in rare cases).
You can get your child support issues taken care of as part of a divorce or as a child support action.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.