When to Ask for a Temporary Order?
When someone moves out of the house, one of you should go to court right away to quickly resolve any critical issues, such as spousal support. And, if the children will be staying with you, you should immediately file for custody and child support.
This accomplishes two things. First, you will be awarded the proper amount of child support and the court will acknowledge that you live with the children -- often granting physical custody right off the bat. Second, your spouse cannot successfully claim that the children were kidnapped. This may sound extreme and unlike your future ex-spouse, but some people behave uncharacteristically when under duress and feeling threatened. And, if your future ex-spouse raises such a claim, the police or judge are usually obligated to hear her or him out. However, when you arrive with proof that you filed for custody and child support, the court will most likely dismiss a kidnapping claim.
Copyright © 2005 Nolo
My husband and I have been married for 15yrs.during this time we have seperated over 5 times,at least 3 times he left.Getting an explanation for him is a;ways impossible(he says I should know) the last time prior to the present he left when the rent and other bills we're due,but return shortly thereafter and paid them.(His income is considerable higher then mine due to the fact that he wanted me to quit my job "to spend more time with him".Now that I have been unemployed for over 6mos,he's left again.The bills are due,it's the Holiday season and he refusing to contribute any money at all.To make matters worst he,behind my back had the landlord remove his name from the lease(we face eviction)and had the electric to schedule to cutoff the power later this week.I'm truly angry,but more than that I'm afraid for myself and my children(he's not there biological father)I'm afraid I'm running out of time and resources.I've tried several community agencies but the don't seem to be able to help.Any advice