What is the name of your state (only U.S. law)? Ohio
My husband & I have been married 4 years, we have a 3yr old daughter together, and I have a 7 yr old son. All the bills (mortgage/deed, electric, etc) are in his name. The only bill we have together is my van loan (but is titled to me& I pay it). We both work, however he makes 98-100K yr, 8 months ago I was forced to part time & only net $1300 mo(23K yr) now. My ex-lost his job, I have not received child support for my son in months.
I’ve read on the Ohio Bar website this paragraph…
“What are the obligations of marriage…....
Both parties to the marriage must support themselves and their spouse out of their respective property or by their respective labor. If a married person is unable to do so, as in the case of injury or disease, the other spouse must assist in the support so far as the spouse is able. The duty to support also extends to the parties' biological and adopted children. Failure to provide support to your spouse or your dependents may result in a civil action to recover the cost of "necessaries" or a criminal charge for non-support of dependents.”
My husband pays the mortgage, utilities, and daycare for our daughter & “his bills” Occasionally he will buy a few groceries however it’s usually what he eats an perhaps milk, eggs, bread. He does not pay for any medical or co-pays, RX’s, household cleaning, personal hygiene items, and clothing for either of the children or me. He has never given me money for what I would consider “necessities”. Prior to my reduction in employment & child support I could afford to take care of a majority of those items. Now, I can no longer afford to, he will not help out. So with my reduction of hours & no support; I am down $1200 a month. I have even gone to the food bank to get can goods so I can afford to purchase medication, foods & have gas money to get to & from work.
My question is... Can I and/or how can I get an allowance for “necessities"? Can I sue my husband for failure to provide support to your spouse or your dependents in a civil action? & how do I do it?
My fear is …he could file for separation & if he files a temporary restraining order that he can force me out of his home. I have no family here they are all out of state and I would not have any where to go & would not be allowed to leave the state.
I know he fears divorce & child support due to his coworker going through it now & has the same income & was ordered to pay $1400 a month in child/spousal support.
We have been going through a rough patch for months now... I do love him but he is just a stubborn selfish @$%!
I am not seeking a divorce or separation however it may result in that...
I just want some help until I gain my fulltime hours back or find another job. It’s not like I want $1200 a month, perhaps $300/400 to help with necessities.
Would this be considered “Gross neglect of duty”?
Any advice? …other than what my friends & family are telling me…”pack up & leave”
Thanks for any advise in advance...
Frustrated & Embarrssed in Ohio
What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
My husband & I have been married 4 years, we have a 3yr old daughter together, and I have a 7 yr old son. All the bills (mortgage/deed, electric, etc) are in his name. The only bill we have together is my van loan (but is titled to me& I pay it). We both work, however he makes 98-100K yr, 8 months ago I was forced to part time & only net $1300 mo(23K yr) now. My ex-lost his job, I have not received child support for my son in months.
I’ve read on the Ohio Bar website this paragraph…
“What are the obligations of marriage…....
Both parties to the marriage must support themselves and their spouse out of their respective property or by their respective labor. If a married person is unable to do so, as in the case of injury or disease, the other spouse must assist in the support so far as the spouse is able. The duty to support also extends to the parties' biological and adopted children. Failure to provide support to your spouse or your dependents may result in a civil action to recover the cost of "necessaries" or a criminal charge for non-support of dependents.”
My husband pays the mortgage, utilities, and daycare for our daughter & “his bills” Occasionally he will buy a few groceries however it’s usually what he eats an perhaps milk, eggs, bread. He does not pay for any medical or co-pays, RX’s, household cleaning, personal hygiene items, and clothing for either of the children or me. He has never given me money for what I would consider “necessities”. Prior to my reduction in employment & child support I could afford to take care of a majority of those items. Now, I can no longer afford to, he will not help out. So with my reduction of hours & no support; I am down $1200 a month. I have even gone to the food bank to get can goods so I can afford to purchase medication, foods & have gas money to get to & from work.
My question is... Can I and/or how can I get an allowance for “necessities"? Can I sue my husband for failure to provide support to your spouse or your dependents in a civil action? & how do I do it?
My fear is …he could file for separation & if he files a temporary restraining order that he can force me out of his home. I have no family here they are all out of state and I would not have any where to go & would not be allowed to leave the state.
I know he fears divorce & child support due to his coworker going through it now & has the same income & was ordered to pay $1400 a month in child/spousal support.
We have been going through a rough patch for months now... I do love him but he is just a stubborn selfish @$%!
I am not seeking a divorce or separation however it may result in that...
I just want some help until I gain my fulltime hours back or find another job. It’s not like I want $1200 a month, perhaps $300/400 to help with necessities.
Would this be considered “Gross neglect of duty”?
Any advice? …other than what my friends & family are telling me…”pack up & leave”
Thanks for any advise in advance...
Frustrated & Embarrssed in Ohio
What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?