I live in texas and I'm 4 months pregnat with mine and my husbands 2nd child and my husband left us a couple weeks ago and has not been sending us any support of any kind. My son and I have no money and my husband is under the impression that since we're still "married" that he doesn't have to send us anything. I want to get divorced and set up child support but since we live in texas we can't get divorced until after this baby is born. I was wondering if I could file abandonment and claim child support and spousal support without being divorced?
2007-10-13 07:34:19 · 6 answers · asked by Megan 2 in Family & Relationships ➔ Marriage & Divorce
If you're seperated, you can petition for temporary custody and child support (and you don't have to claim abandonment to do it). In TX, unless you’ve been married at least 10 years you don’t qualify for alimony (per the TX statutes).
2007-10-13 07:39:53 · answer #1 · answered by kp 7 · 0⤊ 0⤋
Yes you can. I live in Texas too and my wife went through the same exact thing with her ex. You cannot get divorced while you are pregnant, but you can file for divorce. Most other states call this a legal seperation. You will have a first hearing, and at that hearing, the judge will set up child support and visitation. If you and your husband cannot agree on a visitation, there are guidelines for the judge to set it, as well as the child support, whether you are married still or not.
2007-10-13 14:41:08 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You should be having this discussion with an attorney, not us. This is your future and the future of your children you're talking about. Find an attorney who will take your case without charge. It's called 'pro bono' work and many attorneys do it regularly.
2007-10-13 14:37:51 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Talk to an attorney. I'm not sure about the laws regarding that.
2007-10-13 14:42:03 · answer #4 · answered by Kathy R 5 · 0⤊ 0⤋
Call a lawyer right away. If you cannot afford one, see if there are legal aid programs in your county for people in financial peril. If this guy is walking away from his responsibilities, he belongs in jail.
2007-10-13 14:38:24 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Talk to a lawyer. You should be able to file for welfare right now, since he abandoned you.
2007-10-13 14:41:46 · answer #6 · answered by Sweet Suzy 777! 7 · 0⤊ 0⤋