Can my wife place get an orderof child support against me while we’re still married and living together?

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Can my wife place get an orderof child support against me while we’re still married and living together?

I been married for the past 3 years and supporting my wife and kids. We were struggling through the entire marriage, and were once evicted. She got me for child support in 2009 because she claimed that I didn’t provide from them. However, she herself didn’t work through the entire marriage. Is it legal for her to place me on child while we’re married?

Asked on April 23, 2011 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Temporary orders of child support are often entered while people are still married and sometimes while people are still living together, although it does seem that your situation is a bit odd to say the least.  May I ask: did you fight the request during the time that it was filed in the courts?  You should have been able to present evidence that you have indeed been supporting your family to the best of your ability during the time that you have been married.  May I suggest that you take the time to speak with an attorney on this matter?  Someone needs to read the paperwork and advise you on how to proceed.  Good luck to you. 


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