I am a stay at home mother who is going thru a divorce and my husband just informed me by the end of the month he will no longer pay for any bills and if I stay in the house he will not pay for any bills which means I have to move out with my daughter. I started looking for half time jobs while my child is in school but it hasn't been easy. I just wanted to know if legally my husband had to help or is he allowed to not pay and essentially kick me out of the house and not help financially.
No, ha cannot do that. A court wil order child and spousal support based on relative incomes. You need to file a request for this.
If you can't get an attorney, the court facilitator will help.
All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 30 years. Ms. Straus regrets to report that you cannot get contact information about her in any way, shape or form, as Avvo wont let you. Good luck.
I agree with counsel that the court will order child and spousal support, depending on his ability to pay and other factors. If he refuses to help you and your daughter, then the court can punish him. However, you must file for child support and spousal support. These things do not happen automatically, you must make it happen.
This is a sad circumstance for stay at home parents, because a divorce means there is now going to be two residences for the same income. The standard of living for both parents usually goes down. CA law does expect the stay at home parent to do what is reasonable to find work, and sometimes what is reasonable involves full time work and payment of day care, but I do not know your personal circumstance, so I cannot say if this applies to you or not. Day care usually becomes a factor, and this is usually a very, very difficult thing for a stay at home parent to deal with. You will get through this, but it will require fortitude, strength and will power. I wish you the best.
This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.
You need to consult with a family law attorney. In addition, you need to file a Request for Orders for Child Custody, Child Support, Visitation, Spousal Support, and attorney fees. Depending on the circumstances and his income, you may want to also look into having him leave the house depending on his income and if the potential support would cover the expenses of you staying in the home.
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Your husband has told you lies. Get an attorney to help you with (1) spousal support (2) orders regarding your rights to stay in the house (3) orders for child support. custody and visitation (3) other orders necessary to for child care costs, etc. You are too vulnerable to being manipulated. You need a skilled family law attorney and if there are community assets available, then these can be sued to pay for your attorney fees.
The way your question is phrased makes it difficult to give you specific advice except that I agree with all that you need to at least consult with an attorney who does family law. If you have minimal assets and you cannot afford a lawyer one will not be appointed for you. That only works for criminals. However, you mention "the house" and I wonder if it is an asset or are you renting.
If you want spousal and child support, which the court will order if your husband is working or has extensive assets but you will have to file a Petition for dissolution of the marriage and a Request for Orders asking for temporary child and spousal support. In one sense your husband is correct about the fact that he does not have to pay your bills. He has to pay you support and you have to pay your own bills from the money you earn and that support. He also has to pay for half of day care costs you incur so that you can work or go back to school to learn something that will improve your ability to work. It is likely you are not going to be able to work part time. The child support is based on the earnings of both of you plus each has to pay 1/2 of child care and 1/2 of unreimbursed medical and dental expenses for your child. Spousal support is based on the discretion of the court but for the temporary support it is likely that the bench officer will use the computer program that calculates guideline child support. The formula for spousal support in that program is 40% of the higher wage earner's net income minus 50% of the lower wage earner's net income.
Go see and attorney and get the information you need. You would certainly consult with an attorney if you slipped and fell in the store. This is much more important. Good luck.
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