QUESTION
Can I get anything from my husband for abandonment and spousal support ?
Asked on Sep 04th, 2012 on Divorce - Oklahoma
More details to this question:
My spouse left me with the rent two months behind the electric will soon be shut off. I have no money. I am about to be put out of my place with my daughter and granddaughter. We will have to move into a shelter.
17 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Hire an experienced divorce attorney to seek maintenance and child support.
Answered on Sep 12th, 2012 at 8:15 PM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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Go to child support services in your county and have them go after him for support. Go and get welfare and food stamps.
Answered on Sep 12th, 2012 at 12:24 PM
Dennis P. Mikko
While you don't state how long you have been married, it sounds like your spouse was the primary wage earner during the marriage. If a complaint for divorce was filed you would stand a good chance of receiving both temporary and permanent spousal support. The real issue is whether your spouse is employed and has an income from which spousal support could be paid.
Answered on Sep 06th, 2012 at 1:42 PM
Criminal Defense Attorney serving Mandeville, LA
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Ross Scaccia, Attorney at Law
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this is one of the hard questions that lawyers have to face from clients in such a situation...very sad. To answer the question, I say you can get something from him if he has something, if not, then what ? Does he work ? if so, you can pursue him in court if your children are juveniles, ... you can go to juvenile court and file a form and the court will subpoena him ( call him into court) and order him to pay child support based on what he has in the way of income. If your children are not juveniles, you can pursue him in the district court ... you will have to chase him sadly, in most cases ...
Answered on Sep 06th, 2012 at 1:19 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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I advise you seek an emergency support order. If you do not have an attorney, consult the family law facilitator at your local courthouse. The facilitator's office can assist you in preparing the necessary paperwork. Communicate with your service providers and determine whether they will allow you more time in your residence.
Answered on Sep 06th, 2012 at 1:15 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Spousal support depends upon the length of the marriage and the financial circumstances of the parties. In a short term marriage, there usually is no spousal support, except perhaps temporary alimony. Get an aggressive family law attorney.
Answered on Sep 06th, 2012 at 1:13 PM
Dave Hawkins
You would first need to file a Petition for dissolution and then file a motion fro temporary orders in order to obtain spousal support.
Answered on Sep 06th, 2012 at 1:12 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If your husband is working, you can file for divorce and ask the court for an immediate order for child and spousal support. Have you contacted Legal Aid?
Answered on Sep 06th, 2012 at 1:12 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You can ask for support, but it will not be immediate. Abandonment is not an issue in CA.
Answered on Sep 06th, 2012 at 1:09 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Your husband has a legal obligation to support you and your daughter (if she not yet 19). But, that is somewhat meaningless unless and until you get a court to enter an order stating exactly what his obligation is and telling him what he has to do. You will need to file for divorce to accomplish anything. A court will have to evaluate all the relevant facts, but you should be entitled to spousal support and child support. The real questions will relate to how much and how to force your husband to pay. You need to consult a lawyer to see what your options are and how best to achieve your goals. Obviously, it appears you will need to put the effort to find an attorney who will handle your case pro bono (i.e. free) or at a greatly reduced rate.
Answered on Sep 06th, 2012 at 1:08 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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If you file for divorce, you can request that the court order her pay you temporary spousal maintenance ("alimony").
Answered on Sep 06th, 2012 at 1:08 PM
You probably won't get anything for abandonment but you can sue for divorce and ask for spousal support.
Answered on Sep 06th, 2012 at 1:07 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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File for divorce and get some Odets in place to prove for you and yours.
Answered on Sep 06th, 2012 at 1:06 PM
Abandonment is not a basis for spousal support. If he has an income and you don't the court will consider whether to award you spousal support. If you have the ability to work but don't that will be considered also. Spousal support in California is based upon your need for it balanced off against his ability to pay it.
Answered on Sep 06th, 2012 at 1:06 PM
You can certainly file for dissolution and request an order for spousal support but that will not be of any immediate help to you. You should consult a family law attorney or facilitator to assist you.
Answered on Sep 06th, 2012 at 1:05 PM
Retain an attorney. If you cannot afford one perhaps a legal aid might be available.
Answered on Sep 06th, 2012 at 1:04 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You can get child and spousal support as a matter of law. You don't have to prove abandonment.
Answered on Sep 06th, 2012 at 1:04 PM