Spousal Support through JDR

[mindboggled24]

What is the name of your state? Virginia

Husband recently abandoned the home and cut off all financial support. We split all bills including the rent. We recently renewed the lease which he no longer wants to pay. I was advised to go to JDR to apply for spousal support, we also have a written notarized letter stating he would continue paying the rent at the home. Problem is I make slightly more than him. Is it likely I could show good cause for the judge not to go with the presumptive amount and award me just his portion of the rent until we file for divorce?

 

[Ohiogal]

What is the name of your state? Virginia

Husband recently abandoned the home and cut off all financial support. We split all bills including the rent. We recently renewed the lease which he no longer wants to pay. I was advised to go to JDR to apply for spousal support, we also have a written notarized letter stating he would continue paying the rent at the home. Problem is I make slightly more than him. Is it likely I could show good cause for the judge not to go with the presumptive amount and award me just his portion of the rent until we file for divorce?

Anything is possible. You make more than him... It is possible you will be required to support yourself. When did you renew the lease? When did he leave? Do you have children? How long were you married?

 

[AlmostThere]

If you do not have children living with you, it might be a good idea to seek a roommate. Or talk to your landlord and see if s/he will let you out of the lease.

 

[mindboggled24]

Anything is possible. You make more than him... It is possible you will be required to support yourself. When did you renew the lease? When did he leave? Do you have children? How long were you married?

we just signed the lease in june, he left july. married 17 years. I just want him to uphold the lease agreement, nothing else

 

[mindboggled24]

If you do not have children living with you, it might be a good idea to seek a roommate. Or talk to your landlord and see if s/he will let you out of the lease.

it would be a 2 month early termination plus 60 days notice. so would have to give them a little over 4000 to break the lease when i give them notice

 

[LdiJ]

A lease is a marital financial obligation/debt and those things are normally dealt with in the property settlement rather than through an alimony/spousal support payment. It could end up as a monthly payment to you if there are no or insufficient assets to compensate you otherwise, but it is unlikely to be treated as support,

 

[mindboggled24]

Anything is possible. You make more than him... It is possible you will be required to support yourself. When did you renew the lease? When did he leave? Do you have children? How long were you married?

I don't want him to support me, jus

A lease is a marital financial obligation/debt and those things are normally dealt with in the property settlement rather than through an alimony/spousal support payment. It could end up as a monthly payment to you if there are no or insufficient assets to compensate you otherwise, but it is unlikely to be treated as support,

I was told it would be easier to ask for during a divorce. We have to be apart for 6 months before we can file for the divorce I believe.

 

[Ohiogal]

I don't want him to support me, jus

I was told it would be easier to ask for during a divorce. We have to be apart for 6 months before we can file for the divorce I believe.

You ignored most of my questions. Please answer them all.

 

[AlmostThere]

it would be a 2 month early termination plus 60 days notice. so would have to give them a little over 4000 to break the lease when i give them notice

You completely ignored the idea of a roommate, or talking to your landlord. Faced with a tenant who cannot pay their lease, a long eviction process if you stop paying, they might be willing to work with you beyond what your lease lays out. But that requires you to speak with them.

I may be reading into things a bit - but you are going to need to accept that things are going to change financially. You are dividing the income that once supported one household into two. It does not matter whose fault it is - your lifestyle will change. That change may need to start now, with your living arrangements.