• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

spousal support

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

N

NCarolinawoman

Junior Member
What is the name of your state (only U.S. law)?


:confused: 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
 


P

Perky

Senior Member
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.
 
Just Blue

Just Blue

Senior Member
NCarolinawoman said:
What is the name of your state (only U.S. law)?


:confused: 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
Click to expand...

How did you support yourself BEFORE you got married??
 
N

NCarolinawoman

Junior Member
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
 
N

NCarolinawoman

Junior Member
perroloco2 said:
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.
Click to expand...
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

"
 
C

CourtClerk

Senior Member
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.
 
N

NCarolinawoman

Junior Member
baystategirl said:
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.
Click to expand...
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)
 
C

CourtClerk

Senior Member
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.
 
N

NCarolinawoman

Junior Member
CourtClerk said:
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.
Click to expand...


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
 
C

CourtClerk

Senior Member
NCarolinawoman said:
Temp until I can get on my feet again
Click to expand...
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.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top