QUESTION
Can I take my husband to court for spousal support?
Asked on Mar 20th, 2012 on Child Custody - North Carolina
More details to this question:
My husband abandoned me 2 1/2 years ago. He now has a high paying job with an American company. We are still legally married. He has contributed nothing since he left. Can I take him to family court to get support?
31 ANSWERS
2 Awards
Absolutely. Whether you win support depends on a number of factors.
Answered on Jul 02nd, 2013 at 1:34 AM
Real Estate Attorney serving Kansas City, MO
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Quitmeier Law Firm
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Yes.
Answered on Jun 02nd, 2013 at 7:38 PM
Yes - you may need an attorney.
Answered on Jun 02nd, 2013 at 7:38 PM
Bruce Arthur Plesser
Yes.
Answered on May 30th, 2013 at 7:57 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Yes.
Answered on May 30th, 2013 at 7:57 PM
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Yes.
Answered on May 30th, 2013 at 7:54 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Yes.
Answered on May 30th, 2013 at 7:51 PM
Insurance Attorney serving Cumming, GA
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Law Offices of Dorothy Spinelli
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It depends on your earning ability and skills and perhaps your skills. If you earn in the area of $40,000, generally the courts do not award alimony.
Answered on Mar 27th, 2012 at 11:30 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Anybody can sue anybody at anytime for anything; that does not mean that the person who sues wins. The question of whether or not you get maintenance depends upon the facts.
Answered on Mar 26th, 2012 at 1:25 PM
Roianne Houlton Conner
Only if you file for a divorce.
Answered on Mar 23rd, 2012 at 1:10 PM
You can certainly file a motion asking for support.
Answered on Mar 23rd, 2012 at 11:49 AM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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Probably. Under Washington state law, In a proceeding for dissolution of marriage or legal separation, the court may order "maintenance" for either spouse. (In may states maintenance is referred to as "alimony".) The court considers the following factors in making its decision [RCW 26.09.090]: i. The financial resources of the party seeking maintenance and that party's ability to meet his or her needs independently; ii. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his or her skill, interest, style of life, and other attendant circumstances; iii. The standard of living established during the marriage; iv. The length of marriage; v. the age, physical and emotional condition, and the financial obligations of the spouse seeking maintenance; and vi. The ability of the spouse from whom maintenance is sought to meet his or her needs and financial obligations while meeting those of the spouse seeking maintenance.
Answered on Mar 23rd, 2012 at 11:01 AM
Accidents Attorney serving Orange City, FL
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Principle Legal Offices, P.A.
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You can take your husband to court for child support but alimony (spousal support) will depend on the need and lenght of marriage.
Answered on Mar 22nd, 2012 at 8:42 PM
Accidents Attorney serving Blue Springs, MO
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Blue Springs Law Office LLC
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I assume there has been no court action concerning the marriage such as legal separation. If that is the case, and if you are unable to meet your own reasonable financial needs through appropriate employment or other sources of income, AND IF your husband has the financial ability to pay (i.e. resources above his own reasonable needs), then you may be entitled to an order for spousal support, or maintenance.
Answered on Mar 22nd, 2012 at 10:15 AM
1 Award
Since you are still legally married, you can file a suit for divorce and request interim spousal support which is temporary or of a fixed duration and also final spousal support.
Answered on Mar 22nd, 2012 at 9:59 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Yes, but you need to do it in the context of ending the marriage - either by divorce or legal separation. Colorado doesn't have a procedure for simply seeking spousal support without dealing with the state of the marriage itself.
Answered on Mar 22nd, 2012 at 9:54 AM
Yes, you can request support through the filing of a legal separation or dissolution case. You should consult a family law attorney or facilitator for assistance in preparing the correct forms.
Answered on Mar 22nd, 2012 at 9:50 AM
Gregory Graf
You can certainly get child support. The issue on getting maintenance (alimony) that will be raised by the other side is that you have survived on support for 2 1/2 years without it; why do you need it now? If you've been struggling and he is making a lot of money, you will likely get some maintenance.
Answered on Mar 22nd, 2012 at 9:21 AM
If you are still married the court can determine whether a spousal support order is appropriate. If a divorce has been granted then you can only get spousal support if the court reserved jurisdiction over that issue. If you are divorced, take a look at your judgment to see if spousal support was reserved in the judgment.
Answered on Mar 22nd, 2012 at 3:46 AM
Immigration Law Attorney serving Hialeah, FL
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Hernandez & Suarez, PL
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Spousal support needs to be requested as soon as you separate because now you have the question of how you have supported yourself all these years. Further, alimony (spousal support) is no crystal clear, it is based on various factors. It is based on the length of the marriage, your need and his ability to pay and the standard of living during the marriage. If he had a low paying job while you were together, you cannot based support on his new job because you did not have the standard of living during the marriage that he could provide for you now that you are separated. This is more complicated than a yes or no. It depends on even more factors not mentioned above. You should consult an attorney that can review all the facts on your case to decide.
Answered on Mar 21st, 2012 at 7:47 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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If there are minor children you may be entitled to child support. In a divorce you may be entitled to child support and alimony. In a separate maintenance agreement, legal separation you may be entitled to support.
Answered on Mar 21st, 2012 at 7:18 PM
You cannot sue for spousal support while you are still married. However, you can file for divorce and request an Order for Spousal Support.
Answered on Mar 21st, 2012 at 5:16 PM
Domestic Relations Law Attorney serving Dedham, MA
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Alan J. Pransky
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Yes, you can sue for spousal support. You can file an action for divorce or seperate support. Howver, while you can sue for support, that doesn't mean that you will get support. You will have to establish a need for support before you can be considered to receive support.
Answered on Mar 21st, 2012 at 5:16 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You can always petition the court for support. The amount of support the court will order is a function of the length of the marriage, the lifestyle of the parties, whether there are children, the ability of the spouse to contribute to her support, your education v. his education and other factors.
Answered on Mar 21st, 2012 at 5:15 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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You may qualify for Spousal support as a part of a divorce settlement. Please consult with a family law attorney for further information.
Answered on Mar 21st, 2012 at 5:14 PM
Juvenile Criminal Law Attorney serving Towson, MD
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Law Office of Michael G. DeHaven, P.A.
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Yes, spousal support pre-trial, however, is different than alimony that can be awarded at the final hearing on the merits of any divorce action that you file. You should contact an attorney to discuss the facts to determine whether you have sufficient evidence to obtain pre-trial spousal support, also referred to as Pendente Lite alimony, and the facts to determine whether you should seek rehabilitative or indefinite alimony.
Answered on Mar 21st, 2012 at 4:33 PM
Estate Planning Attorney serving Idaho Falls, ID
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Law Office of Timothy Jones, PLLC
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Assuming the marriage was in Idaho, absolutely. In Idaho, the money that your husband earns belongs to both of you until a divorce is finalized.
Answered on Mar 21st, 2012 at 4:33 PM
Of course you can. He has a legal obligation to support you.
Answered on Mar 21st, 2012 at 4:08 PM
Christina Maria Soberon-Llort
If you are still married, you should think about seeking spousal support through a dissolution of marriage petition (filing for divorce).
Answered on Mar 21st, 2012 at 4:01 PM
Dave Hawkins
Sure you would first have to file a Petition for Legal separation or Dissolution of Marriage and then file the appropriate motion.
Answered on Mar 21st, 2012 at 3:58 PM
2 Awards
In order to answer this question an attorney would need a lot more information. In order to get alimony in NC you need to prove that you are a dependent spouse (you have been relying on your husband to support you). I suggest you consult with an attorney about the facts of your situation.
Answered on Mar 21st, 2012 at 3:57 PM