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11-26-2008, 07:22 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 22
| |  spousal support
What is the name of your state (only U.S. law)?  I was married in NC - I am originally from NYC .. my husband closed all our bank accts and put a 30 day notice in our townhome. Scheduled utilities to be turned off in a week
I am unemployed... He supported me .. I moved back to NYC can i file for spusal support in NY .. We were married for 1 year and a half
He has filed a DVPO against me ... I have no intentions on going back to NC I dont have a place and family there
Thanks |
11-26-2008, 08:50 PM
| | Member | | Join Date: Jan 2008
Posts: 728
| | | First, if you lived in NC for a year and a half, and you just recently moved back to NY, then you will have to file in NC.
Second, with such a short marriage, don't count on getting any spousal support after you divorce.
Third, you may be able to get support until you divorce (although I wouldn't count on that either), but you would have to file in NC.
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aka: perky
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11-26-2008, 08:57 PM
| | Senior Member | | Join Date: Jul 2005 Location: Massachusetts
Posts: 11,206
| | Quote:
Originally Posted by NCarolinawoman  What is the name of your state (only U.S. law)? I was married in NC - I am originally from NYC .. my husband closed all our bank accts and put a 30 day notice in our townhome. Scheduled utilities to be turned off in a week
I am unemployed... He supported me .. I moved back to NYC can i file for spusal support in NY .. We were married for 1 year and a half
He has filed a DVPO against me ... I have no intentions on going back to NC I dont have a place and family there
Thanks |
How did you support yourself BEFORE you got married??
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It almost never fails: OP asks for advice, gets the unvarnished truth from Ohiogal, OP gets in a snit and claims all the trouble has suddenly disappeared and the sun is shining once again.
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11-26-2008, 09:04 PM
| | Member | | Join Date: Nov 2008 Location: Victorville, Ca.
Posts: 466
| | | Can you elaborate as to why he was able to obtain the DVPO?
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11-29-2008, 09:30 AM
| | Junior Member | | Join Date: Nov 2008
Posts: 22
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I was unemployed ... during our marriage.. He took a DVPO ( false claims) now I am disputing it in NC courts .. I will have a court date on Jan. He actually assaulted me . I file a police report . he was arrested again, we will have our court date for that. He cut off all utilities in the house. Gave a 30 day notice landlord;
I moved back to NY . had my belongings with me thru U haul.. all these ... now .. I filed for temporary spousal support in Ny . they will serve him in NC ..( accdg to the clerk . ). who gave me the forms it could be done.
i am planning to stay here and after a yr I will file my divoprce here .. Is this possible? rather than filing in NC ? I know NY is not a no fault divorce . but I can use my assault charges on him
Please comment and needs advice
Thanks |
11-29-2008, 09:34 AM
| | Junior Member | | Join Date: Nov 2008
Posts: 22
| |
Quote:
Originally Posted by perroloco2 First, if you lived in NC for a year and a half, and you just recently moved back to NY, then you will have to file in NC.
Second, with such a short marriage, don't count on getting any spousal support after you divorce.
Third, you may be able to get support until you divorce (although I wouldn't count on that either), but you would have to file in NC. | I am thinking of filing a divorce here .. after a yr residency .. here.
I filed for a temp spousal support here and the clerk who handed me the form said he can be sent a summons in NC
" |
11-29-2008, 09:36 AM
| | Senior Member | | Join Date: Apr 2007 Location: Somewhere over the rainbow
Posts: 6,095
| | | The clerk gave you incorrect information. You do not have residency in NY in order to file action there. Your soon to be ex husband should move to have your case thrown out of court the MINUTE he is served based on lack of jurisdiction. When the case is brought before a NC court, he should then fight your request for spousal support vigorously for a marriage that lasted all of 365 days.
Next, how did you support yourself BEFORE you got married.
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CC's rule of life #1.2:
Parents: If you give your children the opportunity to learn how to live without you, don't be mad years from now when they do. In order to have a relationship with your children, you have to stay INVOLVED with your children. At all costs, even if it makes the CP or your kids mad. |
11-29-2008, 09:36 AM
| | Junior Member | | Join Date: Nov 2008
Posts: 22
| | Quote:
Originally Posted by baystategirl How did you support yourself BEFORE you got married?? |
I worked part time ... in a school cafeteria ...in Brooklyn |
11-29-2008, 09:38 AM
| | Senior Member | | Join Date: Jul 2005 Location: Massachusetts
Posts: 11,206
| | Quote:
Originally Posted by NCarolinawoman I worked part time ... in a school cafeteria ...in Brooklyn | I suggest you pull out your apron and hairnet...Cause it is not the job of your STBX to support you after a year and a half marriage.
__________________ Quote:
It almost never fails: OP asks for advice, gets the unvarnished truth from Ohiogal, OP gets in a snit and claims all the trouble has suddenly disappeared and the sun is shining once again.
This is a scientific phenomenon, and it should be called The OG Factor.
| ~CLT747~
|
11-29-2008, 09:58 AM
| | Junior Member | | Join Date: Nov 2008
Posts: 22
| | Quote:
Originally Posted by baystategirl I suggest you pull out your apron and hairnet...Cause it is not the job of your STBX to support you after a year and a half marriage. | I am not asking for full support . Temporary... He has closed our bank accounts I have no access to money. He has abused me and I have to go to NC for hearings ..
Thrown me out of the house ... Do you think this is fair? He has the nerve to get a DVPO because he wanted to twist the assult case against him BTW hes 2x my size. Our hearings for DVPo has been rescheduled , because the assult chrges should be heard first
But , my time , money because of all this he has done to me..
I deserve to be have a temp support ( I think) |
11-29-2008, 10:02 AM
| | Senior Member | | Join Date: Apr 2007 Location: Somewhere over the rainbow
Posts: 6,095
| | | You said nothing about him "throwing you out of the house," what you said was that he gave 30 day notice and had arranged for the utilities to be shut off. Of course, you could have arranged to have the lease put in your name alone (why should he be responsible for a home he's not living in) and the utilities put in your name. Voila! You have no need to move.
What are you doing to support yourself? If nothing, your requests for support are going to fall on deaf ears. How did you support yourself on a part time job prior to marriage? Courts do not compensate people for staying in bad situations when they know they can get out.
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CC's rule of life #1.2:
Parents: If you give your children the opportunity to learn how to live without you, don't be mad years from now when they do. In order to have a relationship with your children, you have to stay INVOLVED with your children. At all costs, even if it makes the CP or your kids mad. |
11-29-2008, 10:11 AM
| | Junior Member | | Join Date: Nov 2008
Posts: 22
| | Quote:
Originally Posted by CourtClerk You said nothing about him "throwing you out of the house," what you said was that he gave 30 day notice and had arranged for the utilities to be shut off. Of course, you could have arranged to have the lease put in your name alone (why should he be responsible for a home he's not living in) and the utilities put in your name. Voila! You have no need to move.
What are you doing to support yourself? If nothing, your requests for support are going to fall on deaf ears. How did you support yourself on a part time job prior to marriage? Courts do not compensate people for staying in bad situations when they know they can get out. |
I cannot afford to have a lease - They require a deposit etc.. Ne closed the account and I have no access to it. I had less than $ that day . I worked in a cafeteria in Brooklyn > I am trying God Knows. But all my credit cards are overdue .. my credit soon to be messed up.. It was always drafted in our acct.
I am not seeking for a lifetime support. Temp until I can get on my feet again  |
11-29-2008, 10:16 AM
| | Senior Member | | Join Date: Apr 2007 Location: Somewhere over the rainbow
Posts: 6,095
| | Quote:
Originally Posted by NCarolinawoman Temp until I can get on my feet again | It doesn't seem that you were ever on your feet to begin with. Adults do not support themselves on a part time job in a school cafeteria.
Ask him for $300/mo for 2 months or a $600 lump sum payment. That's probably better than you'll do in court.
__________________
CC's rule of life #1.2:
Parents: If you give your children the opportunity to learn how to live without you, don't be mad years from now when they do. In order to have a relationship with your children, you have to stay INVOLVED with your children. At all costs, even if it makes the CP or your kids mad. |
11-29-2008, 10:18 AM
| | Junior Member | | Join Date: Nov 2008
Posts: 22
| | | I guess... Thats better than nothing
havee you ever heard of I-864? |
11-29-2008, 10:21 AM
| | Senior Member | | Join Date: Apr 2007 Location: Somewhere over the rainbow
Posts: 6,095
| | Quote:
Originally Posted by NCarolinawoman havee you ever heard of I-864? | The immigration document or the cell phone?
__________________
CC's rule of life #1.2:
Parents: If you give your children the opportunity to learn how to live without you, don't be mad years from now when they do. In order to have a relationship with your children, you have to stay INVOLVED with your children. At all costs, even if it makes the CP or your kids mad. | |
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