Can you file for CS before filing for Divorce?

XLadyD

Just curious if you can file for child support before you actually file for divorce. I'm trying to find the best and cheapest route to file for the divorce but right now money from him would really help as he does not pay for anything. I know I probably won't get much from him but it least it would help with some things. 

 Do you think I need to be legally separated before filing for CS? I live in IL. Does getting legally separated cost anything and does anyone know what the real difference is between that and divorce besides divorce being "final". 

Just curious thanks! 

sweetie0228

I can only answer for my state.  You can file for CS the moment you separate living areas.  There is no legal separeation in my state you jsut file for the divorce and the time between filing and finalization is legally separated.  IN PA for a no fault that can be anywhere from 90 days min to 2 years maximum and then the divorce is automatically  granted.

Also, even if you are able to get a wage garnishment right away, the process for CS takes a while it can be 3 months before you even get your first appointment.  And then you go to they tell him how much he owe after reviewing all of the income documents and then it gets file with the court and THEN it gets sent to his employer and then they can wage garnish.

Since it takes awhile it's important to file asap b/c most courts start the arrear ticking from when you file not when you separated or when the baby was born,