Legal Separation and Child Support - What You Should Know

 Posted on February 27, 2017 in Family Law

While some married parents choose to divorce, others decide to separate. For some, this is a transition into divorce. For others, it is a chance to determine if divorce is truly the right path. Whatever the case or reason, parents who legally separate have the right to pursue child support. Learn more about this process, and how an experienced family law attorney can assist you, with help from the following information.

How Legal Separation Differs from Divorce

Unlike divorce, which is a complete severance of the marriage, legal separation does not legally end the marriage. Instead, it is a process through which couples develop a formal arrangement while living apart. Married couples do not need this arrangement to live apart, but many choose to pursue this legal documentation anyway. It gives the disadvantaged party the right to pursue financial assistance, including a request for child support and/or alimony (whenever appropriate). It also offers additional benefits above and beyond financial matters.

Child Support in a Legal Separation

Much like pursuing child support for non-married spouses, separated spouses can pursue payment by contacting the Illinois Department of Healthcare and Family Services (HFS), or the Division of Child Support Enforcement (DCSE). Before pursuing this option, separated parties must understand that this avenue would only include the pursuit of child support; other aspects of a legal separation arrangement would not be included. This is why many parents turn to a family law attorney for assistance.

Why Pursue Child Support Through an Attorney?

When you use an attorney to enter a legal separation agreement, matters like child support determinations can be lumped in with a determination for the allocation of parental responsibilities and parenting time. Spouses can also request alimony, if it is applicable, and can even request a determination on which party will have sole use of the marital home. Keep in mind that the title to the residence is not turned over to either party during a legal separation. That would be reserved for the divorce, should you and your spouse proceed with one.

Contact Our DuPage County Family Law Attorneys

At Mevorah & Giglio Law Offices, we understand that each family situation is unique. That is why our offices provide personalized services to each of our clients. Learn more about how our DuPage County family law attorneys can help with your separation and child support needs. Call 630-932-9100 and schedule your free consultation with us today.