QUESTION
How can I sue for spousal support?
Asked on Sep 20th, 2011 on Child Custody - Massachusetts
More details to this question:
My husband and I were together 15 years when he left to live with a woman in another state that he met on the internet. This is the second time he has abandoned me and my child. The first time, he was gone for four months, and the second time, he was gone for 18 months. Can I sue for spousal support? Also, he is still legally married to me and has lives with this woman all of this time and they filed taxes together. Can both of them be held accountable on Bigamy charges?
17 ANSWERS
Glen Edward Ashman
First of all, if you report this to the IRS he is going to federal prison. If he did "marry" the other person and you file a criminal complaint, he is also going to state prison. You may not get support, but he'll be out of your life once you do that and get a divorce.
Answered on Oct 04th, 2011 at 3:16 PM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Nevada courts are often hesitant to order spousal support, but there are many factors such as length of marriage and what each party contributed to the marriage. Once a complaint for divorce has been filed, then a party can request support to pursue or defend against the litigation, depending on the parties' income and resources.
Answered on Sep 23rd, 2011 at 6:46 PM
File for divorce and ask for spousal and child support. You need the services of a good family law attorney.
Answered on Sep 23rd, 2011 at 12:58 PM
4 Awards
In Louisiana you may sue for support even if you do not file for divorce. Your husband will have to be served, but he will be liable for support for you and any minor children. While your husband is committing adultery, for which he can be sued for divorce, unless he attempts to marry the woman he is probably not committing bigamy. You need to consult a tax attorney about his tax filings.
Answered on Sep 23rd, 2011 at 12:58 PM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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No bigamy. Tax fraud maybe & yes, you may get spousal support.
Answered on Sep 22nd, 2011 at 8:04 PM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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To Whom It May Concern: Whoa! You can definitely file for spousal and child support. Did you file your own taxes? If you have the child more than 50% of time, you are entitled to the deduction. Call an Accountant for a free consultation. It is not bigamy if your husband did not marry the other woman while still married to you. To file for spousal (and child) support, you file for 'Dissolution', and file an Order to Show Cause (OSC) in the Family Law Court in your jurisdiction. Visit your local Clerk's Office for more information and assistance, if you cannot afford to hire private counsel.
Answered on Sep 22nd, 2011 at 8:04 PM
Theodore W. Robinson
If he is still legally married to you, yes, he could be charged with bigamy in most states, however, most prosecutors won't really entertain such charges today but you can certainly file them against him. Certainly, if he is filing taxes with her,there is plenty of absolute proof of his illegal actions.
Answered on Sep 22nd, 2011 at 7:09 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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It would appear that you have grounds too file a Complaint for Spousal and Child Support. Go to your county's Domestic Relations Office to initiate the litigation. If you feel the need to contact the IRS that you are still married, they probably already know that from your Social Security numbers, but go ahead.
Answered on Sep 22nd, 2011 at 5:31 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Bigamy occurs when you are legally married to two people at the same time. Why not file for a divorce? You may be able to obtain spousal support but for sure you can get child support.
Answered on Sep 22nd, 2011 at 5:18 PM
Steven D. Dunnings
File for divorce in MI and request spousal support. A relationship is bigamous only if he married the second woman without divorcing you first.
Answered on Sep 22nd, 2011 at 5:18 PM
You raise complex questions. First, you can file for alimony pendent lite immediately as well as for child support. If you live in the District, the child support obligation is to the age of 21 unless the child is emancipated. Enrollment in college or higher education is not emancipation. Second, yes your husband is still legally married to you from the facts you gave me. Third, he is not eligible to file a married return with his paramour. You can always notify the IRS. Fourth, unless he married his paramour, only he can be guilty of bigamy. Please note that bigamy is rarely prosecuted.
Answered on Sep 22nd, 2011 at 5:04 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You may file a petition for support in the county in which you reside. Alternatively, you can file for divorce or legal separation and seek support. If he has remarried this woman without first divorcing you, he could be convicted of bigamy. Remember though, you want support. If he loses his income, he can't/won't pay support.
Answered on Sep 22nd, 2011 at 5:04 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You need to file for divorce. And yes, you may have a claim for spousal support. You should consult with an attorney to assist you with the process. Detailed answers to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website.
Answered on Sep 22nd, 2011 at 4:52 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington, you can file (sue) for divorce (dissolution), legal separation, or separate maintenance. Your husband hasn't committed bigamy unless he's married this other woman.
Answered on Sep 22nd, 2011 at 4:43 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You need to file for divorce to obtain spousal support. He can only be guilty of bigamy if he has actually married another woman before being divorce from you. Filing taxes as married with another woman is probably some form of tax fraud, but it isn't criminal bigamy.
Answered on Sep 22nd, 2011 at 12:54 PM
Gary Moore
You must file for divorce and seek spousal support, both termporary and permanent and do it now. He can be served with the papers in the state where he lives and enforced through the interstate compact.
Answered on Sep 22nd, 2011 at 12:14 PM
Family Law Attorney serving Boston, MA
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Law Offices of Susan Correia-Champa
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You can absolutely file for separate support, as well as, for divorce. If you have a child together you can also obtain child support. The fact that he is living with another women is not bigamy unless he married her while he is still married to you. That being said, I strongly suggest you contact an attorney.
Answered on Sep 22nd, 2011 at 12:14 PM