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My husband cut my debit card off ,the bank acct is in his…

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My husband cut my debit...
My husband cut my debit card off ,the bank acct is in his name and always has been .He put the card on my phone.I Samsung pay but now it's suspended.what can I do
Submitted: 7 months ago.Category: Family Law
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Answered in 5 minutes by:
12/13/2017
Family Lawyer: Nisha Jones,
 replied 7 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,349
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 7 months ago

I'm sorry to hear about that. Are you in divorce proceedings or planning to initiate divorce proceedings soon?

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Customer reply replied 7 months ago
I'm not sure where to start been married 22yrs and been separated for 3mon ,I was a stay at home mom for 17 yrs and the job I have does not cover cost of living
Family Lawyer: Nisha Jones,
 replied 7 months ago

I'm sorry to hear that.

The good news is that once you do file for divorce, you would be eligible for spousal support. Especially considering that you were a stay at home mom while your husband was the primary financial provider during the marrige.

There are several factors that the judge considers when making a determination on the amount of spousal support. You can read the complete list of those factors here:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4320.&lawCode=FAM

You should look into hiring a divorce attorney to repreesnt you for the divorce proceedings, negotiations on spousal support and/or child support, division of assets, etc.

If you can't afford an attorney right now, you can contact the California State Bar to get a referral to a pro bono (free) or a very affordable lawyer.

The phone number to the CA State Bar is:

(213)(###) ###-####/strong>

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 7 months ago
Our children are grown,he's filed for divorce two different times but the min we had to go to medation for support he never followed threw he says he's not gonna give a dime
Customer reply replied 7 months ago
We have nothing ,he's gambled every thing away for years .what would I file temporary spousal support
Family Lawyer: Nisha Jones,
 replied 7 months ago

You can in fact still get divorced even if your husband is being uncooperative.

Once he is served with the divorce paperwork, it's up to him to respond and to attend any scheduled hearings.

If he doesn't, the court can still enter a judgment against him, in that case the judge will make a determination based on what is "reasonable."

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Family Lawyer: Nisha Jones,
 replied 7 months ago

Yes, a Motion for Temporary Support can be filed once you initiate divorce proceedings.

A final order can be put in once the divorce reaches a close.

As I mentioned before, you can still proceed even if he is being uncooperative. The judge will make a determination based on reasonableness, and once a spousal support order is made, your ex will be liable to pay that amount, his wages may even be garnished if he doesn't voluntarily make the payments.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Family Lawyer: Nisha Jones,
 replied 7 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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