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The power of a Family Court Judge – Does a divorce have to be pending to get post separation support?

San Diego Divorce and Family Law Attorney, Paul Staley, released a new YouTube video: Does a divorce have to be pending to get post separation support?

San Diego Divorce Attorney Paul Staley answers frequently asked questions.Does a divorce have to be pending to get post separation support? Please call our San Diego Office at (619) 235-4095

Transcript of Paul’s Video

Does a divorce have to be pending to get post separation support?

The question is — does a divorce have to be pending in order to request that the court order that support be paid from one spouse to the other. And the answer is “yes”. There has to be some basis for that judge to have, what we’d call ” jurisdiction” to make a court order that one spouse pay either spousal or child support to the other party. Now, I suppose it would not necessarily have to be a petition for divorce, it could be a petition for legal separation, but one way or another, there has to be one of those two kinds of proceedings pending in order for the judge to make any orders of all.

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