Temporary Support Question

[sfbay]

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

H&W separate in 2005. H moves out, says he will take care of himself, which he does. He wants a "fun" job and becomes a video game tester making $17 an hour. Lives on that. Meets girlfriend, they move in together in 2010. W stays in marital home makes all mortgage, tax, insurance payments and exclusively supports two minor children (12 and 16 at time H leaves in 2005). H paid nothing for them as minors and does not assist them now. W pays for college for adult daughter; adult son is now disabled. When H comes and steals one of W's cars in 2011, W finally files for divorce. She is high wage earner.

14 months after proceedings are started H files for temporary spousal support. Is this likely to be awarded?

 

[Bali Hai]

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

H&W separate in 2005. H moves out, says he will take care of himself, which he does. He wants a "fun" job and becomes a video game tester making $17 an hour. Lives on that. Meets girlfriend, they move in together in 2010. W stays in marital home makes all mortgage, tax, insurance payments and exclusively supports two minor children (12 and 16 at time H leaves in 2005). H paid nothing for them as minors and does not assist them now. W pays for college for adult daughter; adult son is now disabled. When H comes and steals one of W's cars in 2011, W finally files for divorce. She is high wage earner.

14 months after proceedings are started H files for temporary spousal support. Is this likely to be awarded?

H can not steal his own car.

 

[Ohiogal]

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

H&W separate in 2005. H moves out, says he will take care of himself, which he does. He wants a "fun" job and becomes a video game tester making $17 an hour. Lives on that. Meets girlfriend, they move in together in 2010. W stays in marital home makes all mortgage, tax, insurance payments and exclusively supports two minor children (12 and 16 at time H leaves in 2005). H paid nothing for them as minors and does not assist them now. W pays for college for adult daughter; adult son is now disabled. When H comes and steals one of W's cars in 2011, W finally files for divorce. She is high wage earner.

14 months after proceedings are started H files for temporary spousal support. Is this likely to be awarded?

It is possible it could be awarded. Also, it is W's fault H didn't pay child support -- she could have gotten court orders for child support. Since they are still married, the cars and house are marital property.