Can I file for child support for our first child who was born before we were married or do I have to file for legal separation?

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Can I file for child support for our first child who was born before we were married or do I have to file for legal separation?

We have 1 child born prior to the marriage and the other 2 are born within the marriage. Do I have to file for legal separation to get child support for the oldest born prior to marriage or do I have to file legal separation at all to get child support?

Asked on June 8, 2012 under Family Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you seek child support from the person that you are with who is the father of your child, you can simply file a petition for child support now without the need of having to file for a legal separation for retroactive and prospective child support.

If you are with this person who is not paying child support for his or her children, why don't you simply ask for such support? I suggest that you consult with a family law attorney further about your inquiry.


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