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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117358
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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SYNOPSIS: I am the father of a 6-year-old girl, and I'm

Customer Question

SYNOPSIS: I am the father of a 6-year-old girl, and I'm going through a divorce. A trial date has been set, but the judge required me to submit a counter offer by last week and I have yet to do so. I am close to homelessness, and I have an urgent need
to receive TEMPORARY SPOUSAL SUPPORT and ATTORNEYS FEES from my wife. SUBSTANTIAL DISPARITY IN RESOURCES: My wife has averaged deposits of over $18,000 per month for the last three years while living rent free in her sister's sizable estate, while I have struggled
on welfare. She is highly under-employed, however, her income is mostly parental gifts. AVAILABLE RESOURCES: Our COMMUNITY assets are very low, her (actual) INCOME is very low, but she has over $4,000,000 in various ASSET ACCOUNTS. Child-support will be handled
by the county because of our welfare status, but it is imperative that we receive fair temporary spousal support as soon as possible. QUESTION: Besides the regular financial disclosures, etc. required by the judge, QUESTION 1A: What is the real-world likelihood
of a judge ordering spousal support and a sourcing the funds from assets instead of income? QUESTION 1B: What other documents do I need to request attorneys fees and spousal support? QUESTION 1C: What is the most expedited procedure for getting these documents
in front of the judge before we are evicted? ———We really need help – thanks.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Please disregard the phone request - text will be fine - thank-you :-)
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

1A) The state child support guidelines state that support is based on income and not assets. So the law precludes the judge from using assets in the calculation. The court is allowed to impute income to her, meaning if they find she is intentionally unemployed or under employed, the court can base her income on what she SHOULD be earning if she was properly employed, which would increase her liability for payment.

1B) You need to have proof of the inequity in income between you and her and you need the proof of the attorney's bills. You also need proof of your basic expense costs for your needs to live to show that your income does not meet those needs. You also need to prove her income in court, because support is based on your needs together with her income and also proof you cannot get employment and are trying to do so. Thus, you need to prove all of those things to seek support.

1C) The most expedited way is filing an emergency motion for temporary spousal support and present the documents of your financial statement (income) proof you are trying to find employment unsuccessfully and proof she can afford to pay to the court.