Breech of Contract. Too Much of a Stretch?

[wmhoyt]

What is the name of your state? Maryland

I have been a stay at home father for almost 5 years. I have two daughters both under the age of 5.

3 months ago my wife came to me saying she wanted a divorce and that she wanted me to leave the house. I am of course refusing to leave our home and would go no where without my girls. She is no longer paying for two credit cards that were in my name but used to purchase items for the family. My wife is planning on waiting me out until what funds I did have in separate accounts dries up. I cannot file for maintenance as we have not separated and no legal actions have been filed.

My question is - Since we both agreed that I would stay home to raise our children and she would take care of us financially, is there any way at all that I could file some sort of breech of contract suit against her. As it stands I am still at home, still raising our children while she has now stopped any funds for me and my debts.

Thanks in advance

[LdiJ]

Originally Posted by wmhoyt

What is the name of your state? Maryland

I have been a stay at home father for almost 5 years. I have two daughters both under the age of 5.

3 months ago my wife came to me saying she wanted a divorce and that she wanted me to leave the house. I am of course refusing to leave our home and would go no where without my girls. She is no longer paying for two credit cards that were in my name but used to purchase items for the family. My wife is planning on waiting me out until what funds I did have in separate accounts dries up. I cannot file for maintenance as we have not separated and no legal actions have been filed.

My question is - Since we both agreed that I would stay home to raise our children and she would take care of us financially, is there any way at all that I could file some sort of breech of contract suit against her. As it stands I am still at home, still raising our children while she has now stopped any funds for me and my debts.

Thanks in advance

Wouldn't it make a whole lot more sense to simply get a job? If you get divorced, you are going to need one anyway. It doesn't sound like you have been married long enough to qualify for alimony/spousal support.

[Ohiogal]

Actually he would qualify for temporary spousal support since he has been a stay at home dad for five years. He may only get rehabilitative spousal support but he could most likely get something. He should file for divorce and request it.

[wmhoyt]

MD is not a no fault state. There is no grounds on which I can file for divorce. Yes, I probably would get support when we separate however one of us has to leave the home to start that process. Neither one of us is expected to leave any time soon. And she thinks she can wait till my money runs out then force me to take a lame separation agreement out of desperation. I have been told by several divorce lawyers that getting a job weakens my position on some of the custody issues that will arise during separation. So I hoping it won't come to that.

Aside from the divorce side of it, my question was more about her going back on her word, our 'contract' as it was to support me financially while I raised our children. Like I said, it may be a stretch but I'm kinda at that stretchy point now.

Thanks

[Zigner]

Originally Posted by wmhoyt

...is there any way at all that I could file some sort of breech of contract suit against her.

Yes, absolutely. And, remarkably enough, there is just such an action already in place. It's called "divorce"

[tuffbrk]

Originally Posted by wmhoyt

MD is not a no fault state. There is no grounds on which I can file for divorce. Yes, I probably would get support when we separate however one of us has to leave the home to start that process. Neither one of us is expected to leave any time soon. And she thinks she can wait till my money runs out then force me to take a lame separation agreement out of desperation. I have been told by several divorce lawyers that getting a job weakens my position on some of the custody issues that will arise during separation. So I hoping it won't come to that.

Aside from the divorce side of it, my question was more about her going back on her word, our 'contract' as it was to support me financially while I raised our children. Like I said, it may be a stretch but I'm kinda at that stretchy point now.

Thanks

Hmm...you would probably get support?

Are you referring to child support? Presuming you receive primary physical custody based upon your proof of being a stay at home dad, yes, you would. It will not be enough to support yourself and live on.

If both children are under the age of 5, how come you have been a stay at home Dad for a full 5 yrs?

What is the length of the marriage?

Is your wife handsomely compensated?

These attorneys you have spoken to did advise that the judge most likely is going to order you to return to the workforce, unless there are some extenuating circumstances - didn't they?

Hvae you considered it is in your children's best interests to start attending daycare at least 1/2 days? This will prepare them for your return to work and lessen the impact if they happen to also be dealing with a divorce situation, you or mom not being readily available to them as they are currently accustomed, etc.

You've got a long road ahead.

[Silverplum]

Waaay too stretchy. Not going to happen.

It's a common divorce. Ask for what you want, settle for what you can get. Get a job, move forward.

[Ohiogal]

It wouldn't be BREECH of contract anyway -- as in the definition of breech is ...

breech /n. britʃ; v. britʃ, brɪtʃ/ Pronunciation Key - Show Spelled Pronunciation[n. breech; v. breech, brich] Pronunciation Key - Show IPA Pronunciation
–noun 1. the lower, rear part of the trunk of the body; buttocks.
2. the hinder or lower part of anything.
3. Ordnance. the rear part of the bore of a gun, esp. the opening and associated mechanism that permits insertion of a projectile.
4. Machinery. the end of a block or pulley farthest from the supporting hook or eye.
5. Nautical. the outside angle of a knee in the frame of a ship.
–verb (used with object) 6. Ordnance. to fit or furnish (a gun) with a breech.
7. to clothe with breeches

OR

Main Entry: 2breech
Function: adverb
: in the manner of a breech delivery or breech presentation <her children were born breech —Laura Cunningham> <the baby birthed breech —Jayne Anne Phillips>

Merriam-Webster's Medical Dictionary, © 2002 Merriam-Webster, Inc.
Merriam-Webster's Medical Dictionary - Cite This Source - Share This
Main Entry: 1breech
Pronunciation: 'brEch
Function: noun
1 : the hind end of the body : BUTTOCKS
2 : BREECH PRESENTATION; also : a fetus that is presented breech first

Merriam-Webster's Medical Dictionary, © 2002 Merriam-Webster, Inc.
Webster's Revised Unabridged Dictionary - Cite This Source - Share This
Breech

Breech\, n. [See Breeches.]

1. The lower part of the body behind; the buttocks.

2. Breeches. [Obs.] --Shak.

3. The hinder part of anything; esp., the part of a cannon, or other firearm, behind the chamber.

4. (Naut.) The external angle of knee timber, the inside of which is called the throat. Webster's Revised Unabridged Dictionary, © 1996, 1998 MICRA, Inc.
Webster's Revised Unabridged Dictionary - Cite This Source - Share This
Breech

Breech\, v. t. [imp. & p. p. Breeched; p. pr. & vb. n. Breeching.]

1. To put into, or clothe with, breeches.

A great man . . . anxious to know whether the blacksmith's youngest boy was breeched. --Macaulay.

2. To cover as with breeches. [Poetic]

Their daggers unmannerly breeched with gore. --Shak.

3. To fit or furnish with a breech; as, to breech a gun.

4. To whip on the breech. [Obs.]

Had not a courteous serving man conveyed me away, whilst he went to fetch whips, I think, in my conscience, he would have breeched me. --Old Play.

5. To fasten with breeching. Webster's Revised Unabridged Dictionary, © 1996, 1998 MICRA, Inc.