Do I Pay Child Support althought I haven’t Filed for Separation from my Spouse?

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“I was wanting to find out, If you are still married, and have not filed for seperation do you still have to pay for support in S.C.? I have my son for around 150 days per year (If not more)!”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

It is both parents obligation to support their child. A voluntary payment during a voluntary separation does right by the child who needs to be supported. If there is no court order for support and no public assistance, the order for support can not pre-date the request to establish support. Therefore, until something is filed, there is no enforceable duty to pay support.



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Author: House Attorney

A house attorney has answered this question.

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