QUESTION
Can I ask for spousal support if wife is sole provider and she kicked me out?
Asked on Feb 10th, 2014 on Divorce - Florida
More details to this question:
I have been a stay at home Dad and part-time college student for the past 3 years and unable to work with the kids at home. My wife has been estranged towards me for a few weeks until a few days ago she told me to pack up and leave. Her reason was I was being mean to her kids (married for 7 years) and she did not want her kids around me. She has no restraining order on me and will not let me see my kids that we have together. Is there anything I can do for support from her so that I am not sleeping in my car and starving?
11 ANSWERS
Personal Injury Attorney serving San Antonio, TX
at
Law Offices of James P. Peterson
Update Your Profile
You may file for divorce and seek temporary orders for support and visitation.
Answered on Feb 18th, 2014 at 4:15 PM
Medical Malpractice Attorney serving Clermont, FL
at
Joanna Mitchell & Associates, P.A.
Update Your Profile
Your Wife cannot just kick you out. It is the marital home and you do not have to leave just because she says so.
Answered on Feb 17th, 2014 at 4:58 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
You can ask. The court may force her to pay your rent and food. You need to talk with a local family law attorney to get a better feel for what may be allowed.
Answered on Feb 17th, 2014 at 4:58 PM
Personal Injury Attorney serving Marksville, LA
at
The Bryan Law Firm L.L.C.
Update Your Profile
Yes, you have the right to ask for spousal support from your wife to keep you in the same standard of living you were accustomed to during the course of the marriage, since your wife was the primary financial provider. Under Louisiana law, you would be entitled to interim spousal support until the divorce is final, or up to 6 months thereafter if permanent spousal support is sought.
Answered on Feb 17th, 2014 at 4:26 PM
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
File a Motion for Temporary Relief and ask Judge for money.
Answered on Feb 14th, 2014 at 12:05 PM
Criminal Law Attorney serving Los Angeles, CA
at
J. Jeffrey Morris & Associates
Update Your Profile
Yes get a lawyer if you can afford one or one that will work based on an anticipated award of attorneys fees from her or go to legal aid. If you have to find a paralegal to help you and file the divorce papers yourself, have a registered process server or the Sheriff server her. There are automatic restraining orders contained in those papers once served. In addition request interim support and visitation. But get legal advice and file a divorce petition in order to invoke the jurisdiction of the court and to get court orders for support and visitation as soon as possible. If it's an emergency, and it sounds like one if you are living in your car, then have your attorney go in on an emergency basis "ex-parte " and get temporary orders.
Answered on Feb 14th, 2014 at 12:04 PM
Business Litigation Attorney serving Los Angeles, CA
at
Gerard A. Fierro & Associates
Update Your Profile
You absolutely have the right to request spousal support. Also, and the primary caregiver, you can seek custody rights to your children.
Answered on Feb 14th, 2014 at 12:04 PM
Yes. Go to court and file a motion for spousal support and child custody and visitation. Get help from the Family Law Facilitator's office in your county. Also ask for attorney fees so that you can hire an attorney. You have rights.
Answered on Feb 14th, 2014 at 12:04 PM
Business Law Attorney serving San Jose, CA
at
Law Offices of Christopher W. Dull
Update Your Profile
Yes you can ask for spousal support. You should retain counsel to help you obtain temporary spousal support.
Answered on Feb 14th, 2014 at 12:04 PM
You do not have to move out. And if you divorce you can ask for spousal support.
Answered on Feb 14th, 2014 at 12:04 PM
Either party can ask for spousal support. With a 7 year marriage, even if the Court grants you spousal support, it will most likely be a minimum amount for a minimum time period. For a quick temporary solution, you will have to file an emergency motion and make your request to the Court.
Answered on Feb 14th, 2014 at 12:03 PM