Child Support while still Married?

North Carolina Divorce Law Divorce and Separation Answers
1

Can I file for Child support from my husband even though we are not legally separated yet?
My husband has been paying our rent for the past about 5 years or so but has now been paying whenever he feels like it. In order to pay our rent for August, I had to take out a personal loan and paid it. After speaking with him, it also doesn’t look that promising for September.

We have 2 kids under the age of 10 and although we are still living together, he is staying in another room.

Do I have any options here?

2

Actually, you do have an option. You can file for child support if you are not receiving an adequate amount of funds, or access to funds for the same. There is not a defense for him unless he can prove that you are living together and he is providing funds for your reasonable needs. It goes without saying that if he is refusing to pay rent, that would likely not be considered to be providing for the child’s reasonable needs.