QUESTION
What do I do if my husband abandons me and our two children?
Asked on Nov 03rd, 2011 on Child Custody - Illinois
More details to this question:
He is moving out of our rented house and does not intend to pay rent, bills, or purchase food. I am unemployed and have been for most of our 7 year marriage.
15 ANSWERS
Family Law Attorney serving Pasadena, CA
at
Law Offices of Paul P. Cheng
Update Your Profile
File an OSC re support.
Answered on Jul 03rd, 2013 at 2:21 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
at
Cathy R. Cook, Attorney at Law
Update Your Profile
If you can obtain financial assistance to do so, you should obtain an attorney and file for divorce. If you cannot, file for support in juvenile court on your own.
Answered on Nov 07th, 2011 at 11:51 PM
James Albert Bordonaro
You should seek a temporary petition for child support and ask that the court require him to continue to pay rent as the kids have a greater need to maintain stability. The next step is to apply for food stamps and other temporary public assistance. In that regard, SRS may be of some help as they are entitled to collect any amounts that it pays out to you.
Answered on Nov 07th, 2011 at 9:39 AM
Family Law Attorney serving McDonough, GA
at
South Atlanta Family Law
Update Your Profile
You can file a petition for divorce and ask for alimony and child support. You can also petition the court for child support if you are not ready to file for divorce.
Answered on Nov 05th, 2011 at 1:46 AM
You need to file a support action or a divorce/legal separation action and request a hearing right away for support and other orders.
Answered on Nov 04th, 2011 at 2:02 PM
First and foremost, you should apply to your local family court for child support if he is moving out. Since you are unable to pay for your children on your own, you want a court order directing him to make payments to at least support your children. Additionally, you can file for divorce from your husband if you can claim that there has been a breakdown in the relationship for at least 6 months. As part of the divorce proceeding, you can ask for monthly maintenance payments from your husband. It is important to note that a divorce matter supersedes family court matters, and usually covers all the pertinent issues that would normally be dealt with in family court such as child custody, child support, and visitation rights.
Answered on Nov 04th, 2011 at 1:23 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
You need to file for divorce because until you do your husband can do just about anything he wants to do. You need to consult an attorney about how to start the divorce and get the court to order alimony and child support.
Answered on Nov 04th, 2011 at 12:05 PM
Criminal Defense Attorney serving Winston-Salem, NC
at
Law Office of J. Scott Smith, PLLC
Update Your Profile
Get a family lawyer. You may be able to pursue Post Separation Support and Alimony amongst other things. Most attorneys charge some type of consultation fee for this but it could save you thousands of dollars just by consulting with a family lawyer.
Answered on Nov 04th, 2011 at 11:45 AM
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
You should file for divorce and seek temporary orders providing for your support.
Answered on Nov 04th, 2011 at 10:16 AM
If your husband does leave you and the children, abandoning you, there are several things that I think you should look into doing. First, you should apply for public assistance. Second, you should start looking for a job. Third, you should hire someone to start your divorce, including temporary orders. If your husband is working, you may be able to get child support and perhaps some maintenance.
Answered on Nov 04th, 2011 at 12:05 AM
Gary Moore
Go to the Family Part of the county court house where you live and file a complaint for spousal and child support. There is no filing fee. You should have a lawyer help you, but the Court will attempt to give you an equitable result.
Answered on Nov 03rd, 2011 at 11:01 PM
Theodore W. Robinson
Well, the first thing may be to go to Family Court andmake a Petition for Child Support and Maintenance for yourself and the children. If he fails to pay whatever the court orders, then the Family Court will eventually put him in jail until he comes up with the money. Usually that happens in a couple of hours because they are wilfully refusing to pay the money, not because they don't have any. Next,sue him for Divorce andask the Supreme Court to incorporate within the final Judgment of Divorce any Family Court supportOrders signed by Family Court Judges. That will at least give you some support money with which to try to piece your life back together until you can get back on your feet and find a job of your own.
Answered on Nov 03rd, 2011 at 9:53 PM
Mediation Attorney serving Bloomfield, NJ
at
Cassandra T. Savoy, PC
Update Your Profile
I would not wait until he moves out. I would seek a court order to require him to meet the obligations of my household. In the event husband chooses to disregard the court's order, the court will hold him in contempt, and he could end up in jail, or the court could garnish his wages, or the court could require him to hand over all of your resources, e.g., savings, investment accounts, etc. And, I would start looking for work.
Answered on Nov 03rd, 2011 at 9:53 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
Update Your Profile
File for divorce and then for spousal and child support. You can seek assistance from the Department of Child Support to establish a child support only order if you wish.
Answered on Nov 03rd, 2011 at 9:35 PM
General Practice Attorney serving Crystal Lake, IL
at
Bruning & Associates, P.C.
Update Your Profile
You need to hire a competent attorney like me, file for divorce and temporary support.
Answered on Nov 03rd, 2011 at 9:18 PM