During Divorce Spouse Not Obligated To Pay Support Without Order | Lancaster, CA

I have a client in Lancaster I am getting ready to help today at 10:00 a.m. and figured it was a good article to discuss, as it comes us quite a bit.

Here is what is going on.

She had discussed filing for divorce with her husband.  They agreed that she would file for divorce and for some reason, the husband ran out and file for divorce first.  I don’t know why, nor did she.  But in case your wondering, there is no advantage of who files for divorce.  It is a no-fault state, and no preference is given to either party.

So her husband filed and them moved out of the house.  He felt it was okay to leave her with all the bills and not give her any support or help pay the bills or to take care of their child.

So she called me and wanted to know what she could do.  Here is what we discussed.

When you are going through a divorce, your spouse is not obligated to pay any spousal support or child support until there is an order from the court.  Now, most people don’t just cut off the other person, and in fact, most simply carry on with paying the bills together until the divorce is finalized.

But sometimes, one of the parties will do this where they are the sole income earner and leave their spouse high and dry.

So what do you do.  In this case, her husband had filed for divorce in the Lancaster, CA courthouse in Antelope Valley.  She needed to file a Response to the divorce, but more importantly, she needed to get some financial assistance from you husband to help pay the bills and for their child.

So what we are doing is both filing a Response to the divorce and filing a Request For Order for Spousal Support and Child Support so we can get a court hearing for the judge to make an order for support.

You see, if you are going through the divorce process and you need to get the other party to do something, you need to file a Request For Order.  These requests for orders will give you temporary orders until the entire divorce case is finalized.  They are not permanent orders.

The benefit to filing a motion like this is that you can get a hearing fairly fast.  Depending on the Court usually around 30 to 60 days.  If you don’t do this, you may be waiting a long time before you are able to finish your divorce case.  The order the court makes will be effective until further order of the Court or until the final judgment is entered in your divorce case.

We are a licensed and bonded legal document preparation firm that specializes in divorce.  We handle all of Los Angeles County Divorce cases and are headquartered in Santa Clarita.  Please give us a call for assistance with your divorce case.  We can help you file a Request For Order, get a court date and get some temporary orders in your divorce.

Spread the love