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I have a daughter that has been married 1 year and 8 months.

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Hello. I have a...

Hello. I have a daughter that has been married 1 year and 8 months. After they married her husband started using drugs (heroin and meth). She kicked him out of their house almost 30 days ago after he refused to go to rehab and get help. He threatened that he is taking her to court for emergency spousal support if she does't let him back in the house. Can he get spousal support from her after being married such a short time and being an addict?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He has an recent arrest for drug possession and she is worried because he keeps threatening her. She is working a new job and works 12 hours a day and is trying to not let this affect her work.

Submitted: 11 months ago.Category: Family Law
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7/30/2017
Family Lawyer: FamilyAnswer, Lawyer replied 11 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
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Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Family Lawyer: FamilyAnswer, Lawyer replied 11 months ago

Good morning. While he may try, it is unlikely. First off, for short-term marriages, generally defined as marriages of under 10 years, the presumption is that support should last for approximately one-half the length of the marriage. Second, there would need to be a basis for it and in this case, with his decision to use drugs and his refusal to quit and get help, it would be hard for a Judge to "reward" that behavior and simply require her to pay him spousal support. Third, it would need to be a situation whereby he was not working and taking care of the household, opposed to just not making any effort to do so because he is a drug user. While he could try and ask for it, it would be unlikely a Judge would order it, unless he can show good cause.

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Family Lawyer: FamilyAnswer, Lawyer replied 11 months ago

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Family Lawyer: FamilyAnswer, Lawyer replied 11 months 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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