While your divorce is pending, your lawyer may ask for pendente
lite relief. Basically, these are temporary orders that
outline how everything will be handled until the divorce is
finalized. Some issues that may be addressed are temporary
custody, visitation, support, how the bills will be handled, and who
gets to reside in the family home. The following answers from the legal
expert may give you some insight into your own situation and rights concerning
temporary support.
Kelley's Question:
My husband left me for another woman, and now lives with her in a
one bed apartment. I have had to rent a new home while still
paying half the mortgage on our house, pay all of my children's
expenses, and meet my living expenses. We share custody equal time,
but I am finding hard to make ends meet all on my own. What can I
do?
Brette's Answer: You can go to court
and get temporary child support and spousal support. These are
available to you even if you haven't filed for divorce, or don't
plan to. Your state family court handles these issues and no
attorney is required. See an attorney if you can afford
to. » Return
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Topic: Filing for
temporary support without a lawyer
Tammy's Question: I
can't afford an attorney, I don't qualify for legal aide, and he is
not giving me any money. Can I go to court to get temporary
orders without an attorney?
Brette's Answer:
Yes you certainly can. Just call or go there and find out what
papers you need to file. You can also ask the court to order him to
pay your legal bills, or part of them. » Return
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Topic: Making Ends
Meet Until Divorce is Finalized
Sharon's Question:
My husband and I decided to bifurcate the divorce, so that we could
end the marriage and finish up the property settlement later.
No temporary support was established in the initial proceedings, and
I have since had major surgery and have no income. He gives me
$200 a month to help pay for the insurance, but that is about to
lapse because I had to choose between feeding my children or paying
the premium. Both attorneys are dragging their feet. How
can I get my attorney to get me some immediate support until
everything is settled?
Brette's
Answer: Call your attorney and say you have an emergency and need a
call back within 24 hours. Explain that you need temporary financial
relief NOW and cannot wait. You can get temporary child support and
spousal support immediately. It may be that your attorney does not
understand the financial situation you are in right now. Make him
aware and stress the urgency of this matter. » Return
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What can I do if he had
the pendente lite hearing postponed?
Scarlett's Question: My
husband had our pendente lite hearing postponed. It has been over a
month and still no pendente lite hearing. I need support really soon
to pay attorney fees and to keep up household. What can I do to
hurry things up?
Brette's Answer: You need to file an emergency
motion for support.
Topic: Can I stop him from
transferring property?
Jennifer's Question: My
husband and I have been separated for 3 months. Before I moved
out, we had two vehicles together. He turned over ownership of one
of the vehicles to his brother. Now he is trying to turn over
the other one to his parents. How can I stop this?
Brette's
Answer: You can go to court and seek a temporary order
estopping him from transferring ownership of these marital
assets. » Return
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Topic: Medical Bills During
Separation
Erika's Question: I am 32
weeks pregnant and my husband has told that me he was done with
me. He is currently in the United States Army, but trying to
get out. If he does, will he still be the one whom has to take care
of the insurance to cover the birth of the new baby?
Brette's
Answer: I'm sorry to hear you're in this difficult
situation. As long as you are married, you can still be carried on
his health insurance plan. However if he doesn't have a health
insurance plan, that complicates things. You have several options if
he has no insurance. You can apply for a state funded health plan
which provides coverage on a sliding scale. You can list your
husband as the responsible party for the birth costs, but realize
the hospital is going to want you to pay too. You can talk to your
local social services department about other options. You can also
file a petition in your local family court for spousal support,
which would include health insurance or the costs of the birth. Good
luck with this. » Return
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Topic: Joint
Accounts Pending Divorce
Davina's Question:
When two people file for divorce, is the man still ordered to put
income into the joint account until the divorce is final?
Brette's
Answer: When a couple files for a divorce, the court may
put temporary orders into place that direct how their finances are
to be handled while the case is pending. Generally, the court will
create temporary spousal support which may include payments as well
as responsibility for joint bills. But it depends on the case, and
in some cases, the court may not do any of this. » Return
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Topic: Divorce and Mortgage Payments
Kristy's Question: My husband filed for divorce and
left me stuck with the payments. I was the only one on the mortgage simply
because I had a better credit score and we were able to get a better rate. In a
community property state, isn't he still liable to pay at least half? Any ideas
on what I can do?
Brette's Answer: You need to go to court and seek a
temporary order about payments on the house while the case is pending. You need to see an attorney though to make sure this is
done correctly and in a timely fashion. » Return
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Topic:
Non-compliance of Temporary Orders
Susan's Question: I have a status quo order in
affect. I have gone back to court several times because my
husband wouldn't follow it. The divorce judgment became
effective last week. My lawyer pushed the status quo orders aside to
get a judgment. I have dealt with debt, debt collectors,
ruined credit, etc. because the status quo orders weren't followed.
My lawyer says that we can do a "show cause" -- why
couldn't I have had the status quo orders (money reimbursed to me)
until the judgment was in affect? What can I do?
Brette's Answer: The best thing to do is meet with your attorney and have a list of everything
you feel has not been resolved and ask him or her to help you get it resolved. I
don't know the details of your case nor of the laws in your state.
Sometimes it is easier to push forward to get the entire case resolved than to
deal with individual matters, although I have no idea what happened in your
case. Discuss with your attorney what you can do now to resolve the issues
you feel are outstanding. » Return
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Topic: Can I have his
license revoked for non-payment?
Margaret's Question: My husband filed for divorce four
months ago.
I have a Pendente Lite Relief in effect, but he decided he could not pay the entire amount. I'm
two months behind in rent, and essentially broke. Our trial date was canceled. Can I call the courts on my own to have his license
revoked? I don't want him arrested, as he is the father of my daughter.
Brette's Answer: Trials aren't cancelled, they are
rescheduled, unless you reach a settlement. Find out your rescheduled date. If
he is behind on child support, you can contact your state child support
enforcement office. If he is behind on spousal support, you need to go back to
court for a violation. » Return
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This column provides general information about
the various aspects of divorce. It is not intended to take
the place of legal counsel and should not be considered personal legal advice.
For specific recommendations concerning your
situation, please retain experienced legal counsel. WomansDivorce.com and Brette Sember disclaim
any liability from any claim arising from any information contained
in this column. This column is not a substitute for legal advice.
