spousal support

What is the name of your state? PA

My sister and her husband want to get a divorce but he says that he will support the kids but not her. The problem is she does not work , has 2 kids and is a recovering drug addict. She has done everything that she needs to stay clean but her husband is trying to sabotage her. She does not work. Her husband told her to move out and has locked her out of the house on several occasions. Even locked the kids out with her one time. She needs some sort of support now... What can she do? She can't afford a lawyer.

[djohnson]

She needs to get a job and go to legal aid. Without representation she will get run over by his attorney. He will probably fight for custody and stands a good chance of getting it with her maybe even paying him child support. She needs to stop looking for the free ride and do something with herself instead of resorting back to being a victim of drugs. I know this sounds harsh, but wait until he gets her in court.

Thanks for the response except I didn't include some important information-
he will not watch the kids , he says it is her problem----how can she go to work. He is verbally abusive in front of the kids- he wants her to fail so that he has something against her. She refuses to go back to that bad habit. He watched her transform into a prescription drug addict and refused to listen to her family's warning of a possible problem. She is doing all the right things to keep her family together. He can't take care of the kids for one afternoon how is he going to get custody.

Does anyone know if it makes a difference who files for divorce first in the state of PA? Is there any advantage or disadvantage?

[BelizeBreeze]

So what if he doesn't want to watch the kids? that is not a legal issue, it's a family issue. She can file for food stamps, welfare and workfare. There is daycare and job training.

Now, was the house his before they married or are both names on the deed? THAT is the ONLY issue here outside of the divorce.

[VeronicaGia]

Also, how long have they been married? Unless a court orders him to support her (or even the kids) he is under absolutely no obligation to pay anything. And if their marriage was a short marriage, she will very likely get no alimony. If their marriage was longer term, she may get some level of alimony, but it won't be for long.

She needs to stop depending on others and get her life together. If she can't take care of herself, how can she possibly be responsible for children?

They have been married for 8 years. The house in both their names but according to the research that I have done it doesn't matter who's name is on the house or the accounts everything is 50/50 in the state of PA. He pulled another episode last night. Verbally abusing her -following her to her 12 step meeting and then harrassing her outside saying that she is in a cult and that he will drive her to get drugs-doesn't sound like a father figure to me. She goes to meetings and is harassed and he can come and go as he pleases and doesn't have to answer to anyone. He should have to take care of his kids some of the time that is what parents do. How can she get a job - with no one to watch the kids while she works. He says it's her problem but the last time I looked up parents in the dictionary it involved two people-mom and dad. She didn't make these kids herself. Daycare is not free and she has been a good homemaker/wife/mother for the past 7 years. She has beaten her drug habit and is committed to being clean. She has proven herself. He has only proven to be less than a committed father/husband that he claims to be. There is a whole lot more to this story that I can't even begin to say- but she deserves to have some money in order for her to get out on her own with the kids. I look at is unemployment for the married person(Homemaker) who has lost her job!!!!! She is not looking for support for the rest of her live but if she was out working all these years with an actual salary then she would have a savings but this job deserves to be paid for now**************

[nextwife]

Alimony is unlikely in a short term marriage. CS and half of daycare cost is likely, however, if she gets custody.