Legal Question in Family Law in Florida

Can I claim Money towards maintaining house /kids if not divorced

my husband and i have been together for 10 yrs. he has been cheating on me with a 19yr old. he does not want a divorce just seperation. i just want to know if i can seek legal advice on if i can get any support towards raising his 2 kids 1 of 9yrs and 16months.he pays for the cars and insurance but he earns 4x my salary and i have to pay for nanny / schooling / food /clothes ect i do not have enough to keep the house running and kids happy. when i ask him he says he does not have any money to give me this has been going on for far to long. i supported him for the first 6yrs now that he has become successful we are nothing.he has not moved out yet as he travels alot and is away for 2 months.so he will be back in Jan'04 only.


Asked on 11/05/03, 11:55 am

2 Answers from Attorneys
Gass Timothy Gass Law Office

Re: Can I claim Money towards maintaining house /kids if not divorced

File for divorce and ask for temporary child and spousal support by motion after the divorce has been file.

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Answered on 11/06/03, 12:18 pm
Michael Cherasia Attorney at Law

Re: Can I claim Money towards maintaining house /kids if not divorced

In Idaho there is a duty of minimal support of a spouse as long as the marriage exists. All income during the marriage is property of the community unless you are legally seperated-- this requires a court's recognition of the seperation, not just one party moving out.The duty of support for children exists regardless of your marital status (i.e. seperated or divorced). In Idaho you can file with the court for a temporary order for support which with some work would be recognized in other states. The amount of the support payments would generally be based upon a uniform set of guidelines. Each parent contributes to the support of the children in proportion to their income. if I can be of any additional assistance please call me at 208-883-4410.

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Answered on 11/05/03, 12:40 pm


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