My husband is living in one stae and I live in another, can I make him pay child support or provide spousal support without a legal divorce?

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My husband is living in one stae and I live in another, can I make him pay child support or provide spousal support without a legal divorce?

Asked on April 7, 2012 under Family Law, Kansas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, without a legal divorce or legal separation order you cannot force him to pay anything. It makes no difference where he lives. The fact is that as long as the two of you are married and there are no legally enforceable court ordered agreements in place, your husband will not have to answer to anyone really. At this point, if you are considering divorce, you may wish to talk to an attorney who specializes in interstate divorces and consider the best jurisdiction in which to apply for divorce and what support you are seeking and what other assets you are seeking.


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