Legal Question in Family Law in Alabama
My husband (who is in the army) and I recently seperated, there were infidelity issues on his part and he asked me to leave. I and our two children had to move back to Alabama with my sister. I had $200 to my name. He took me off all accounts, he took me and the car off of the insurance policy and hasn't given me any financial support for the children. I left my job that paid over $20 p/hr to follow him when he joined the military 5 years ago and in this economy it is very difficult to find work. He keeps using the fact that my sister is not charging me anything to stay with her as a reason not to help me. What are his obligations to me, financially, until the divorce, which has not been filed for, is final? I have contacted his commander already but it doesn't have seemed to help.
1 Answer from Attorneys
Every parent has a responsibility to support his children. At this point, there has obviously been no legal determination as to just how much support you are entitled to. You need to file your case with the court as soon as possible. Once you do that, you can ask the court for "pendente lite" relief, which is basically a quick temporary order compelling your husband to pay you $X/month until the divorce case is either settled or tried before the court. This junk about your sister not charging you rent is bogus. That is not a defense. If the facts are as you say they are, you should definitely get some child support. Best of luck to you in this.