ninacogina said:
What is the name of your state? california my husband doesn't want to be married anymore, he kicked me out , we have a 3yr old son and i'm pregnant i had to guit my job and move to my moms it's really crowded he hasn't seen our son or given any money, he says he's only responsible for our son. when we do talk or see eachother it gets really ugly and physical. i would appreciate any information you can give me. thank you amy bothwell
My response:
Your husband owes you a legal duty to support YOU and your child, despite the fact that neither of you have, as yet, filed a Petition for dissolution of your marriage. So, he's absolutely WRONG about only supporting your child.
Because your husband has a statutory duty to support you during marriage (Ca Fam § 4300) such support is enforceable by an independent civil action (Ca Fam § 4303). Although not specifically provided for by statute, courts have inherent equitable power to grant "pendente lite support" in a Ca Fam § 4303 support enforcement proceeding. [Kilroy v. Kilroy (1995) 35 Cal.App.4th 1141, 1146-1147, 41 Cal.Rptr.2d 812, 814-815]
During the pendency of a marriage dissolution or legal separation action, the court may order either spouse to pay "any amount that is necessary" for the other spouse's support, "consistent with the requirements of Sections 4320 and 4325." [Ca Fam § 3600(a) (amended Stats. 2001, Ch. 293)]
The superior court has inherent equitable power to order pendente lite support and attorney fees and costs, as well as certain necessary injunctive relief (Ca Civ Pro § 526), when enforcing a statutory right of support. "By extending such remedies specifically to dissolution, separation, and nullity proceedings, the Legislature did not divest the courts of authority to apply them in other actions and proceedings." [Kilroy v. Kilroy (1995) 35 Cal.App.4th 1141, 1146-1147, 41 Cal.Rptr.2d 812, 814-815--in W's Ca Fam § 4303 support enforcement action against H, trial court properly awarded W temporary support and attorney and accountant fees, along with pendente lite injunctions (pursuant to Ca Civ Pro § 526) restraining H from closing charge accounts needed for W's support, refusing to renew insurance and denying W access to parties' residence]
So, it's time to see an attorney, and to get some support for YOU and your child.
Good luck.
IAAL
