Can I file for divorce and receive child support for my 8 year old while I’m still pregnant with my second child?

My husband and I have been separated for over 1 year. We have an 8 year old daughter. During our separation, we attempted to make ammends but to no avail. However, I became pregnant by my husband during that period.

Asked on September 3, 2015 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can go ahead and file for divorce and that temporary orders be entered.  Part of the temporary orders can include a request for child support.  The divorce cannot be finalized until you have your second child, but it can still be pending with the temporary orders in place.

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