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Question

I want to know if it is possible to get a temporary child support & alimony order. My husband is currently a Captain in the Army he came home Nov 21, 2008, on R&R leave from Iraq. Friday Nov 28th, 2008, he moved his pay and money from a savings account to an undisclosed account and stated he wanted a divorce. He is currently visiting his parents in TN and is refusing to provide any support above $1000 a month. He provided over 84% of the household income. Do I have any options?

Submitted: 466 days and 1 hours ago.
Category: Family Law
Value: $45
Status: CLOSED
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Guthrie, Oklahoma

Already Tried:
Nothing...I am at a loss as to what to do

Posted by LawNinvest 466 days and 1 hours ago.

Answer

Yes, it is possible to request temporary support orders for child support and maintenance. This request is done when the divorce petition has been filed or if you respond to the divorce petition you make the request. It not provided for in the divorce papers you can file a separate application for the temporary supports. But you cannot ask for it while there has not been any court papers filed. This would be to request both child support and spousal support.

Now, because he left the family, it may be possible that you can get child support through the state child support enforcement agency, this would require that you contact them to see if they can help you, given that he just left, this may not make it enough to consider it abandonment, but it does not hurt to try. You can contact the OK child support agency here.




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466 days and 1 hours ago.

Reply

Since he is now out of state and will be returning to Iraq will any of that be possible without being able to have him served?

Accepted Answer

No, you have to have him served before the court can issue orders, so this needs to be done before he leaves or you will be out of luck trying to serve him in IRAQ which will be impossible.


If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm. No part of this disclaimer can be reproduced without the consent of the owner. Thank you.

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Expert: LawNinvest
Pos. Feedback: 99.4 %
Accepts: 7257
Answered: 12/3/2008

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