Alimony child support and separation

If my husband moved out five months ago, yet we haven’t signed any legal separation documents, should he be paying me alimony (he is having an affair) and child support during this time, or do I have to wait until we are either legally separated or divorced??

Yes, he should be paying your alimony and child support, assuming you are due alimony and child support, but without a separation agreement or court order, he has no contractual or court ordered obligation to do so.

You do not have to wait until you are divorced to receive alimony or child support. If you believe you are due alimony and child support, you should file claims in court for alimony, postseparation support, and child support. You should also file for child custody to accompany the child support claim.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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