We have been married 9 years. He is an owner operator truck driver and makes double what I make, but he is going to claim alot of business write offs. We rent our house (just moved). I owe money in restitution. He is claiming he loaned me $15000 to pay towards this (bull-it was our taxes and he sold something he bought with the money I owe in restitution and claims I have to pay it back to him. I had a settlement for my neck that we paid off our motor home with and that should have been money for future doctors appts. and he is trying to make me sell the motorhome.
It is possible to get temporary alimony. You should to set up an appointment with an attorney to discuss what you need to do and what your options are at this stage. Sometimes you just have to hire a fighter to get what you need. Give me a call for a free consultation.
R. Jason de Groot, Esq., 386-337-8239
Family Law Attorney
It's not a question of who makes more, but a question of whether you need the money and whether he can afford to pay it. His business expenses will be a part of that equation as will your restitution payments.
The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!
Both temporary attorney fees and temporary support are determined by a court by looking at two things: a spouse's need for support or fees, and the ability of the other spouse to pay. The amount of support you might be able to receive will be based on your lifestyle at the time of your separation. There are simply not enough facts in your questions to advise you what a court may do, one way or the other. You should schedule an appointment with an experienced family law attorney who can review your lifestyle with you, in relation to the income both you and your husband make.