If Ijust left my husband and have a 17 year old still in school, will he have to pay child support?

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If Ijust left my husband and have a 17 year old still in school, will he have to pay child support?

Also, we have horses that he won’t let me have. How can I get them if they are mine and my daughter’s?

Asked on November 23, 2011 under Family Law, South Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your husband should have to pay child support but depending on the state in which you live, either up to 18 or until your son graduates from college or an equivalent. This is something you can negotiate during the divorce process but he will have to at least pay until your son is 18 at a minimum. When you file for divorce, you can request that any monies that should have been awarded from the time of your separation and would be technically considered back owed money should be included in the final support decree. If you purchased horses during your marriage, they are the asset or chattel of the marriage unless you bought them with separate monies (i.e. inherited money only you inherited or something to that effect). You need to make sure you begin the process now for a separation agreement and negotiate the horses and child support as part of that separation agreement.


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