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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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can i get child support while still married but separated but

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can i get child support while still married but separated but not legally in new york
Good afternoon,

I'm sorry to hear of your dilemma.

Are you asking if you can collect child support, or whether your wife can collect it from you while you are separated. Which of you has custody of the children?

Also, what do you mean that you are not legally in NY?

Customer: replied 7 years ago.

The children (4 Boys) agesd are 17 ,16,15,13 go to boarding school so when they are home they either stay with here in the lower have of the house which she dosen't have to pay forr anything except for food or they saty with me at a place that i have been given rent free

We are not legally seperated. she also threathed to take the boys so far away tha it would take hours to get to them..

Good afternoon,

I'm sorry to hear of your wife's threats.

It is not necessary in New York for there to be a separation agreement in force for a custodial parent to seek child support from the other parent. The court will look at the relative incomes of each parent in determining if, and how much child support is owed. However, your wife would have to get a court order of support before you will be legally obligated to pay her any child support.

Additionally, there is no law that provides that a father may not have primary custody of his children. In fact many fathers do have primary custody. You may seek custody through the court system. Based on the ages of your children, the 15, 16 and 17 year olds will likely have a great deal to say about where they will be primarily living---and if they choose to live with you when not in school, the court will likely go along with that if it finds it to be in their best interests. The 13 year old is bit young for the court to consider their opinion strongly, but if the three older children choose you, I would not be surprised to see the court award you custody of your youngest child.

And, if your wife happens to be awarded custody of one or more of the children, you could also ask the court for an order preventing your wife from relocating the children with out the permission of the court, and this would likely be granted as well.

I wish you and your children the best in 2010.

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Customer: replied 7 years ago.

could she claim back support i haven't been in the house for months the boys are only home for the summer. the 2 youngest have been with me the last coulple of weeks before that i help pay for a summer rental for 2 weeks & now they are @ friends & family houses until next week the boys will be with me & her 2 & 2



they go back to school in 5 weeks