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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27200
Experience:  Attorney with experience in family law.
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I want to separate com husband go 11 years. He is control of

Customer Question

I want to separate com husband go 11 years. He is control of all money. What rights do I have to have money for an apartment, food for kids, etc.
Submitted: 4 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 4 years ago.

My name is Lucy and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

There may be a slight delay in response time, as I may be helping with other questions or I may be away from the computer. I will answer any follow-up questions as soon I can.

When you file for divorce, you have the ability to ask for support - both temporary spousal support and child support. As far as spousal support goes, what you would typically be entitled to is an amount that will help you meet your needs, for roughly half the length of the marriage. The judge has a lot of discretion, but will make a decision based on the financial disclosures that the two of you file.

Child support is a little different. The amounts are actually set by the statutes. This site has a calculator that can help you determine how much you would likely get, based on your combined incomes, the number of children, and other factors.

In addition, you are legally entitled to one-half of all property acquired during the marriage, no matter whose name is on it. That means half of the value of the house, any cars, any money in checking and savings account, certificates of deposit, 401(k)s, IRA accounts - and anything else that you acquired while you were married. These are all things that you'll be able to request in the Complaint. This site has all of the information you need, including forms:

Please rate my service before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - if not, please click "reply" so that we may continue the conversation. Good luck.

Customer: replied 4 years ago.
I want to separate from my husband and take one of the kids full time. The other child, I want my husband to have full time. I will need money a small apartment and living expenses. My husband has a checking account and access to all the money. How do I obtain the finances I need, when he has control of it?
Expert:  Lucy, Esq. replied 4 years ago.
When you file the divorce paperwork, one of the boxes on the form asks for spousal support. There are other places where you ask for child custody, child support, and half of the marital assets. The forms and instructions go over all of it. If the judge orders him to pay you support, you'll be able to open your own bank accounts that your husband cannot access.

If you have no income, your husband will wind up having to pay you some child support, even if you each have one child, although it will be a lower amount than if both were living with you. Spousal support is fully within the discretion of the judge, but is often awarded where there a big difference in incomes, and the parties have been married more than 10 years. You also have the ability to file a Temporary Motion for Support, using the blank Motion forms, asking the judge to order your husband to start giving you funds immediately, rather than waiting until the divorce is finalized.