can unborn child can support from divorce

jeancy · #1 Oct 15, 2009, 08:25 AM

My husband is getting out of the army by end of Oct. --honorble discharge.We are getting divorce ,to the Jag office on Oct.20th. I 'm 18 weeks pregnant .Can I get child support for our unborn child from him . If I can't or no such law can make him pay it , should I just refuse divorce and file sepration instead? so I can ask for child support after the baby comes out.

twinkiedooter · Oct 15, 2009, 08:49 AM

You cannot get child support for an unborn child. The child must be born first.

iamthecurious1 · Oct 15, 2009, 10:08 AM

In many states a divorce can be filed but not granted during pregnancy. Either way twinkiedooter is right, you cannot collect support for a child that is not here yet.

twinkiedooter · Oct 15, 2009, 07:25 PM

You can file for divorce and ask for temporary support for yourself until the divorce is granted and then once child is born the separation agreement incorporates the child support into it and you are formally divorced. The reason the courts won't let you divorce is due to the unborn child. It essentially protects the unborn child. You'll need an attorney to properly handle this for you.