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Can my husband legally withhold money from me and restrict any access to pay for my bills??? Divorce/support matters.

White Plains, NY |

He took all money out of bank and closed off joint account. May have forged my name!?!?! Put me on a low allowance for our toddler and me. (I did calculations based on his salary). Every month I have to beg for money so my CC bill can be paid off. It's awkward in the house. I am on a stricter allowance, have to account for every penny, he is not willing to show me his finances.. he just bought new laptop, nexus, cellphone, amazon packages come every day, but if i buy a chocolate bar for our child, he says I'm wasteful. Will be headed to get child/spousal support and I need to divorce. Cannot get a job at this point, since I am a stay at home mom to a toddler/student.. What more can I do? I cannot afford a good lawyer!!!! How do I show proof of this?

I want to thank all of you for your quick responses!

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Attorney answers 4


You can try filing first in Family Court for spousal/child support if you intend to imminently separate from him. Sometimes, however, the Court will refer such matters to Divorce Court (Supreme) if the parties are still residing together, in which case you can make an interim application for spousal support, child support & attorneys fees. Your "proof" is simply the income he records on his 2012 W-2 & tax return, which he's required to produce. In any event, for a full assessment of your situation, I suggest that you schedule a free consultation with a White Plains Divorce attorney.

* If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.



Can I just walk into the Family Court in WP for this?

David Ivan Bliven

David Ivan Bliven


Yes - you'd goto the Clerk's Office. You'd need to state in your petition that you seek to imminently separate from your spouse but cannot do so without spousal & child support in place first & that you would otherwise be in danger of going on welfare without this support. * If you found my answer to be the "BEST ANSWER," I encourage you to mark it accordingly.


If there is a disparity of income, then your lawyer can work with you and get paid from your husband when a request is made for temporary child support, child care, spousal maintenance, and legal fees. Do not be intimidated by your husband being controlling of the finances. This is a common occurrence to control you financially and emotionally. See an experienced divorce lawyer who give a free consultation so that you are better informed of your legal rights. Bring along financial records regarding income and assets of the marriage, if you can.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


You may initiate an action in family court or supreme court even if living together, although that might be quite uncomfortable for you since your spouse sounds overbearing. In either case, support/divorce, you can obtain temporary maintenance (if apart) and child support (if separate household). The General Obligations Law may also come into play. Try legal services or contact the local bar association for attorneys who might do reduced fee or pro bono work.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.



We are in the same household. I had to use my own CC for food and necessities and now he won't help pay. I am maxed out. Can I still file even if we are living together for spousal and child support?


I'm only going to add that you may be able to open a credit card and put your legal fees on the card until the lawyer can move to have your husband pay your legal expenses. Talk to some local attorneys for a full assessment of your case.

Good luck!

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