Can I receive child support even though my husband and I aren’t legally separated?

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Can I receive child support even though my husband and I aren’t legally separated?

We’ve been separated for 5 years and the children live with me. He pays my rent and utilities but I just want support for the 2 children.

Asked on June 10, 2011 under Family Law, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It is unclear to me if you can file for child support in Oklahoma without filing for either divorce or legal separation, neither of which applies to you here.  Some information obtained indicates that you can do so without the legalities but I think that it would be best for you to call and find out either from your local bar association (ask to have an attorney call you back from their referral service) or maybe legal aid.  You can also call the number below to ask for an application and when it comes you can see if it is possible.  An application can sent to you in the mail by calling anInteractive Voice Response (IVR) system at 1-800-522-2922.  Good luck.


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