Spousal SUpport during appeal, or modification of child support

[pamodom]

OREGON

Hi,

I filed for divorce May 2007, due to my husbands sexual advances on our 11 year old daughter. He had been unemployed for 10 years, previously a CFO in corporate America, and spent his days viewing porn in his den. In February 2008 the trial he demanded was held and as a result he received about 60% of assets in 22 year marriage.

I received no spousal support as my attorney said we were both unemployed. After a 3 month custody eval demanded by him to terminate my parental rights I received sole legal and physical custody of 3 children, 12, 12, and 17 and child support of $180 a month.

I had to sign a Uniform Support Agreement that said I had $3,333 a month passive income, which I don't, and never have. My husband also signed the exact same one. He has kept all bank and financial accounts, totaling well over 2 million. He gleefully admits t o me having taken over $300K, which my attorney didn't find, telling me to "get over it".. He refused to sign the Final Judgment in March, and in June 2008 the judge signed it for him. Then he refused to fulfill the final Judgment and filed an appeal to the trial.

I received no spousal support and am in school full time to get a teaching degree at age 53. I start student teaching this fall 40 hours a week,(and no compensation) and night and weekend school 12 hours a week. I will receive my teaching license next summer and fall 2010 I can apply to work at a high school.

We are on food stamps and Medicaid. I live in a 4,000 foot home, that is stripped except for the contents of the kids rooms. My husband and his brother hired two large moving vans and took everything. The property master says it is premarital, unless I can prove otherwise. Since he has all the financial records, I can't do that.

We don't have heat, don't use the dryer, ride our bikes, kids don't have cell phones, no cable TV....while my ex travels the world (wine tasting in 3 different states last month).

My appeal is being done pro bono. There is a hearing for suit money and spousal support in September. I can't get suit money because my appeal counsel is pro bono, although my divorce attorney just placed a lien against our house because I was only able to pay him $80,000 of the $100,000 he charged and he is tacking on $600 a month interest (20% interest per month).

Next month my ex has agreed to transfer me a $400K of the 401K. My attorneys have told me that will have to be my spousal support and so I can't ask the judge to award me any spousal support. The penalty for withdrawal for me is 45% of every dollar (10% early withdrawal penalty, 25% federal, and 10% state tax).

Is there any case law that says my husband can have a couple of million in retirement but that I must at age 54 begin to earn my retirement and since I must use the retirement account (which will be reduced by 45%) to support the kids and I? This seems so unfair.

Is there any law that might persuade the judge to adjust child support and award spousal support during the appeal and beyond?

Thanks
Pam

[tuffbrk]

Can you sell the house? How much equity is in it?

[pamodom]

The house has been on the market for quite a while and is in danger of selling short, if at all. Then I will be required to pay off loans and liens. Perhaps net around 150K..if lucky.