Can the order require the restrained person to pay child support?
Yes. The court may issue an order for child and/or spousal support at the court hearing for a permanent restraining order if you have requested it in your application and have prepared an income and expense statement. You may be able to get a child support order if you have any children with the abuser and can prove your abuser’s relationship to the children. (You may be able to establish this relationship if you are married to the abuser, the abuser admits being the parent, or the abuser has previously been legally established as your children’s parent.) You will have to complete, file and serve an Income and Expense Declaration with your TRO application. And if you are married to the restrained person, you would be able to request spousal support. To do so, you would have to complete, file and serve an Income and Expense Declaration with your TRO application as well. The judge also can assign you sole temporary possession of the family home—regardless of who owns it or whose name is
Related Questions
- An employee (of one the subcontractors) is voluntarily having their child support deducted from their pay. Does this require a signed letter of authorization by the employee?
- If a person turns over possession of a child to another who was previously paying child support, does the person turning over possession now have to pay child support?
- If a person voluntarily surrenders his or her parental rights, is he or she still obligated to pay child support, including medical bills?
