Spouse is currently moving out but has not yet moved out and is asking me for child support. At what point do I legally have to pay child support? We have yet to sign or agree on a separation agreement. 2. If I pay child support before an agreement has been signed what (if any) legal ramifications will that have? Is it a good/bad thing to do from a legal perspective,what would you advise a client to do?
You don’t have to pay child support until you are physically separated. You should run the child support calculator and determine what an appropriate amount is. If you are not able to come to a written agreement prior to actual separation, I always advise my clients that they should pay an appropriate support amount. If you do not, it really forces the opposing side to litigate, and you could be saddled with a large order for retroactive support. You should keep track of the payments you make.