Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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)!”
Question: 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.
