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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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how do I sue my husband for non support, husband paid rent

Customer Question

how do I sue my husband for non support, husband paid rent but refused to provide any support to spouse 32 years of marriage and leftt her homeless
Submitted: 4 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your question. Please permit me to assist you with your concerns.

I am sorry to hear that the husband failed to provide. Was there, at any time, a support order put in place which the spouse failed to follow, or did he simply refuse to provide support without any sort of a court order? Are the parties still married?
Customer: replied 4 years ago.

there were no support orders ever he simply refused to provide, we have been married 32 years and go to trial 29 apr,ft we have 6 children, he left me without any heads up as to what he was doing when our youngest of 6 tur ed 18, I was evicted from our place because I couldn't afford to pay, I owe 27000 in back rent , He refused to pay daycare when the children were young so I lost jobs and opportunity ,c he rented another place from our landlord and she evicted me, he moved money from two previous accounts that he had CompUSA and received monies from a previous account that I did not receive any, he recieved 19000 from my insurance company he told his lawyer to have them cut the check in his name I have been dependent on friends throughout our marriage as I have no family

Expert:  Dimitry K., Esq. replied 4 years ago.

Thank you for your follow-up, I appreciate the additional details.

If there is no formal court order in place, it is generally tough to claim that the spouse is in violation. However you can simply file a motion separate for spousal support or alimony pendente lite, which is a version of spousal support that is granted while the parties are still legally married but are in the process of divorcing. Since there is no court order yet, there is as yet no claim for contempt, for example. You can, however, base your petition on the fact that he is the financial breadwinner of the family and you are financially dependent on him and his care. If you can show a disparity in income and that he is failing to prove you with financial support that you are entitled to purely based on the length of marriage, the courts will likely be far more willing to grant you such benefits.

Good luck.

Customer: replied 4 years ago.

I filed a qdro, I need to know how to discover how much is in the qdro, he gave the judge an amount based on 5 years where he had actually been employed 20 years with the company, 10 years as one company then another ten when it was absorbed by its current company wells fargo handled the retirement for both

Expert:  Dimitry K., Esq. replied 4 years ago.

Thank you for your follow-up.

Typically QDROs are calculate based on the past 2-3 years of income, the fact that this was calculated based on the past 5 years would make the amount more accurate and more likely to be upheld as valid by the courts. It is simply not reasonable from the court's perspective to calculate that far back when individuals might not even hold that much information behind for review.

To find out what is in the QDRO if you do not have your own copy, contact the courthouse where the QDRO was filed and request a right to obtain copies of filed documents for your case. Usually for a nominal copy fee the courts will allow you the ability to get the file from them for your evaluation and review.

Good luck.