need advice please

[movin on]

I live in Pa. been married over 2 yrs. will be close to 3 yrs when i seperate and file...
I left good job to relocate with him when we got married, only worked part time to take care of my children from previous marriage...
not looking for support for children their dad and i do that jointly but now i can't get my old job back, worry about what rights i have for alimony/support ...
he bought house when we moved but is in his name only, i have been told i have rights but have not inquired legally at this point...
I also feel his is running around but have not been able to prove it...(yet)
just want to know what kind of rights i may have...
he also emptied the checking account 4 days before christmas and put them in his own account...
thanks for any answers i could get...

 

[dorenephilpot]

We'd be happy to supply answers -- if you would supply some questions.

 

[movin on]

questions... would i be elgible for spousal support/alimony

is he allowed to drain the joint account and then open his own... seperate account? thus leaving me little to no money... as i only work part time...

do i have any rights to house since it is not in my name?

sorry if i didn't phrase questions right...

 

[dorenephilpot]

If he went and cleaned out the accounts, he could be liable to you for half the amount of money he took.

Courts don't look kindly on folks who do things like that, leaving their spouses and children in the lurch financially.

Whether you get any spousal support depends on a variety of factors, such as your ability to support yourself. But you must ask for it.

On the property acquired during the marriage, generally that is split 50-50.

I would advise you to consult with an attorney in your state, who can advise you on what to expect. Most do free initial consulations.

 

[movin on]

thank you for replying to my questions...

yes i will be seeking legal advice but wanted to get an idea as to just what was legit...

wasn't real sure about the house since my name is not on the loan etc...

and let's just say I didn't take it to lightly that he decided to drain out the account either...

put's my children and I in a tight spot now since he is controling all the money and directly depositing it to his new account...

again thank you for the information and I will go now and seek legal help...

 

[movin on]

ok dorenephilpot...

I now have a few more questions as just as you answered the others my husband hit me with " you need to move out"
do I have to move out if he asks me? at this point there is no way i could do that with the small income I make... also can he change the locks and lock me out since he wants me out?

and can he drop my health insurance he carries on me and my kids... the kids is no big deal as they are fully covered thru their father also... because we live in different towns/same state...

he says he doesn't want me to hire an attorney... hum wonder why.. says he will pay for the divorce but he wants me out now... and that is just not feasible right now as more then anything I don't want to relocate the kids and take them out of school in the middle of school year...

this is all so new as my first marriage was so amicable and my ex and I still get along... one for the kids and another because we grew apart and both sat down and amicably decided what to do...

also if he is being such a jerk... do I have to file fed. income taxes with him and if I do can I delegate that it is split 50/50 deposited in my account and then when it comes in I refund him his half as I just don't see that I would get any of it if it came to his account...
or better to just file married/sep. as I only work part time anyways, so I would more then likely get all I put in back... (I only claim my daughter ex. claims son part of divorce agreement) he can't try to claim her on his taxes can he?

thanks sorry to rattle on... but I guess he has stated he is going to file... and I will be looking into an attorney first thing tomorrow morning...

 

[dorenephilpot]

Tell him you'll be happy to move out -- if he'll pay for your first month's rent someplace and the utilities.

One of you will eventually move out.

If he gets a restraining order against you, then you would have to move.

However, he'll probably just try to bully you out of the house.

Courts don't look kindly on folks who do things like change the locks on the house, leaving the person homless.

If he cancels the insurance while you're married and you incur medical expenses, then the court would most likely make him liable for those costs.

You would file taxes as married for 2001. You have two options, married filing jointly and married filing separately. You'd probably get a bigger refund if you filed jointly, but you may not want to file with him just to minimize contact.

That's not your immediate problem.

I would suggest that you go see an attorney who does free initial consultations to get an idea of what your rights are in your state. OK?

Best of luck to you.

 

[movin on]

thank you again dorenephilpot...
I will be in contact with legal representation and get this taken care of...

thanks for the info... it helps alot... and is very appreciated...