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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27167
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My husband was arrested against me last year by the police

Customer Question

My husband was arrested for assault against me last year by the police (not the first time they've been called here) and he plead guilty to one count of assault and has 2 years probation as of 8/2015. He came back home in September 2015 but in April he told me he didn't pay the rent n the landlord threatened eviction do he left. Then I found out that he hadn't paid the utilities for 2 months either. He tected me that he was filing for divorce so I filed for spousal support. I cant afford a lawyer. He has all the money and I'm trying to maintain a home for our family (all grown) while he lives at his dad's paying nothing but the new car. My car broke down n I cant afford to fix it. I'm riding the bus and have acquired a stalker trying to keep my job. Ive been sued for divorce n he's appealing the alimony pendente lite. He's alwaYs said I'd be on the ghetto without him and he's right. I'm going to lose my rental partially because hes telling the landlord i cant afford it on my own. And because hes holding ip the spousal support . Now I find I can't even fight for myself because anything other than no-fault requires a lawyer and I cant afford that. growing up without my father I swore I would never do that to my children. The emotional n physicsl abuse I suffered throughout my marrisge didnt stop with me. It wasnt constant but I made excuses for him because I love him and because I knew I couldnt go out on my own with 5 kids. now because he can affird a lawyer and I cant we end up on yhe streets? All the supposed help offered is not available...maybe I can csll ahain in the fall to see of theres any probono help available. I dont know what yo do.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. Just to be clear, there was a court order that he pay you support?

Customer: replied 1 year ago.
No...the domestic relations ordered support and husband's lawyer is appealing? i dont know what any of this means. Its considered pendente lite.
Expert:  FamilyAnswer replied 1 year ago.

Thank you. Yes, you can reach out to your local legal aid office and speak with them about representing you and assisting in this matter. The key thing right now, is to get you temporary support, to meet your basic needs, so you are not left homeless. If your husband has been the sole income provider over the years and has now prevented you having access to any money and refuses to pay the mortgage, then the Judge can step in and at least order something be paid pending the appeal. Appeals can take time and there can be irreparable harm if you have to wait and do not have any income, to survive. If you want to proceed on your own, you can file a motion with the court, advising the Judge of the same, to show the hardship this is causing and how he has the means to support you.

Customer: replied 1 year ago.
How d i file a motion on my own? all the forms available are for no-fault nothing else is available but for an attorney. I cant afford my rent n bils. how can i afford a lawyer? All the legal aid services ate just running me in circles saying nothing is available n all the lawyers want money up front.
Expert:  FamilyAnswer replied 1 year ago.

You can call legal aid back and ask them if they at least have forms to provide. What you want to convey and share with them, is that while this is pending, you need temporary support. If they can not provide an forms, then you would simply need to draft your own motion. You need to state in the title that you are requesting temporary support while this is pending. You want to advise the Judge that you have NO income, he is refusing to pay for anything involving you or the children and without any support, you will be homeless. The original gets filed with the clerk of court and a copy gets sent to the Judge and his attorney and then you need to speak with the court about setting it for a hearing as soon as possible.

Expert:  FamilyAnswer replied 1 year ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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