Can my husband kick me out of our home and cut me off financially?

Question

He wants a divorce. We have 2 children, and we currently lease a home. He is ending the lease in 30 days, has given me NO money, and just told me to "get a job". When asked how I will pay for child care, he tells me that HE will go for full custody, so I don't have to worry about it. Can he do this? What are my options? I have no money for a lawyer.

I have the children. He abandoned us, and left.

Wow, some of you people are very cruel without knowing much information. I did not have a job outside the home, because he REQUESTED that I stay home with them. I am, of course, finding one now.

Answer 1

find an attorney, he is responsible for the children, and has to pay child support, document any abuse, physical or mental. have the attorney freeze his as setts, it is doubtful that he can get custody of the kids, sue him for abandonment. chances are he is seeing someone else too. if u have no money go to the legal aide office in your county. try to be the one who files for divorce first if at all possible.

Answer 2

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Answer 3

Sounds like you have the very controlling husband that everyone fears. I have been in a similar situation that you are in and I am going to tell you that this will be the hardest thing that you will ever do. I am not preaching at you and I am sorry if it comes across that way. First of all.....You need to decide if you are strong enough to do what is required of you to get through this. You are going to have to answer a lot of questions from a lot of people and you are going to have to be prepared. Second of all.....You need to get him out of the house one way or the other. If he won't leave then take your kids and go somewhere. No matter what~ DO NOT LEAVE YOUR KIDS WITH HIM!!! Thrid of all..... You need to find a job doing something. Flipping burgers, pumping gas, I don't care what it is but something. The reason i say that is when you go to court for your separation you will have to have a job to show that you are helping support the kids. If not then he can try and take them from you. Find something close to your home that you can walk or take the bus. Call DSS and see about transportation. There are things that you can get help with over the internet. Just start googling stuff. Fourth of all.....YOU WILL GET THROUGH THIS AND YOU WILL BE OKAY. You have to believe that 100%. I know that this is scary but you can do this. do not let him control you anymore. Get your life back.

Answer 4

You need to go see a lawyer and fast. He can't legally do anything he is doing. Your attorney will file for divorce and ask for an emergency hearing regarding him not terminating the lease, continuing to pay the lease, pay you child support and alimony, and also pay for your attorney fees if you have no other financial resources.

He is being a bully and the more he does it the worse it is gonna get for him. The whole system is set-up to prevent him from doing exactly what he is threatening. Start listening to your attorney and other people in your life that you trust and STOP listening to him.

Be strong. Good Luck!

Edited to add --- there a lot of people posting here that don't have a clue what they are talking about. The state does not want woman and children on the welfare rolls --- they will not allow him to do this unless he runs fast and far. It makes no difference what you have done --- the courts simply don't care --- their job is keep you and child off public assistance and their #1 method is to make him support you. They routinely order child support, alimony, and attorney's fees to moms who do not work. And in my state if that isn't enough for you to live on and pay the lease where you live currently they will order additiotnal monies from him so you can afford it. You may end up having to get a job and a new residence as the divorce progresses but then he is gonna get hit with some big daycare contributions, on top of standard child support and they may also divide the assets in a way so that you get money for addiitonal schooling to get you reintroduced into the workforce.

Answer 5

Why does he want the divorce?
If it's for a good reason, then he has a better chance of getting what he wants.

How long have you been married?
The longer, the more in favour the case is of you.

How old are the kids?
Can they be trusted to make decisions? Depending on your state, 15 is the lucky number. Then the child may choose their guardian.

Is the money / lease in his name?
If so, you'll have a long,... drawn out... painful.. (especially for your children, so think before you choose) battle.

Do your kids like you, or he better?
If your kids are old enough, they'll obviously choose who they want. Then again, it doesn't matter very much because the court system tends to take children as naive. Try to appear stable and secure.

Who will be the judge?
Most judges will favour a woman getting the money, home, children, etc... despite children's choices. The divorce will most likely favour you, but you do need to put some effort forward

Answer 6

I'm very sorry to hear that.

First, you need to keep a reord of everything that transpires from this point on,because its may well help you later on. Any man who would leave his children to eviction and potentially destitution...a state of affairs he knowingly set up isn't going to prove himself father of the year in any court of law - so you already have a mark against him as far as custody goes - and many states still favor the mom in these things. Furthermore... if he felt you were unfit as a mother (which will have to be his arguement)...someone needs to ask, why would he leave you penniless, ending the lease (wait..if your name is on the lease too... he can't just do that) with the children in your custody if you were such a bad mother? His actions thus far hurt his coming argument. Add to the fact that HE requested you take on the stay-at-home parent role... he'll look like a transparent petty jerk, who only wants full custody to hurt YOU, not so much out of concern for the kids. He's relying on your job status, and the time of year (this is a very hard time of year to find a job) to make a difference.

This is what you do, first check with your landlord - they may be able to help you, if your name was on the lease, too. Even if not, try anyway. Also there are social services agencies around that may be able to help you - many, like catholic charities, may have emergency funds for such things. Also, do a search for free divorce legal advice. You may well find a something local, but any should be able to guide the right way.

Keep track on everything you do as well, as it will prove that you've struggled to keep it together after this jerk pull this on you. You would be shown as doing JUST as a fit mother would do. After that, put in with employment agencies, anywhere, to find some income. In the end, he'll own you alimony and child support, but you have to survive in the here and now.

Keep your head up.

Answer 7

Michelle, I am sorry that you are finding yourself in this situation. If you can, go find an attorney to represent you.. Sometimes in the divorce he can even be forced to pay your attorney fee's being that he is the sole breadwinner.. You most likely would win majority custody based on the fact that you are a stay at home mom .. That being said, he would generally have to pay you child support, and more than likely alimony since he is the one leaving you.. Good luck.. Keep your head up.. don't fall for the threats he gives, and surround yourself with friends and family who will help, love and support you through this tough time.

Answer 8

Usually the state will award either joint custody or full custody to the mother. It is unlikely that he will take full custody unless the court finds you to be an unfit mother. You can get legal aid to help you out in whatever state your in. Give him the a run around when it comes to the divorce OR ask for a large amount of money as alimony and child support in your divorce decree. Starting on the day he leaves you need to go down to the attorney general and file for child support, you can do this even if the two of you are still married. You Will be awarded anywhere from 300-600 a month for 2 children. That should start you off. I know it might kick your pride a little, but you have to go to social services, they have programs for educational assistance and Childcare. either get a job or go to school. I suggest going to school if you don't already have a degree. In your divorce decree, make sure you make it clear that he is to pay for YOUR attorney and His own attorney and filing fees. IT IS UP TO YOU TO TAKE THE ADVICE but you have more in your hands than you think you do.

Answer 9

There are free lawyers available. Ask any lawyer in the phone book if they do this and a resource where this is available. Better yet, go to your local police station. They have an entire office for resources. As far as kicking you out, yes, he can do that, if he gets an order of protection against you, he can do it without warning. If he just picks up and leaves and takes the kids with him, he can probably still do that. As the natural mother, though, you have hopes of getting them back through legal measures.
As long as you can show you are a good mother, and can provide for your children, you should be okay. But, if he gets a really good lawyer and you don't have any legal advice at all, you may have to settle for visitation time. It would be hard to not get any visitation time at all.
Do your best to get that local resource list, it may save your sanity. Also, is there anything you can use against him? Does he have any skeletons in his closet? Does he abuse you or the children or anyone else in any way?
One more thing, get a job. Any job. Get something coming in for money. Get yourself someplace to live, too. Apply for WIC (Women, Infants and Children) and DES (Department of Economic Security, food stamps). Also, apply for housing aid, state insurance for you and the children, and anything else they can help you with.
Good luck

Answer 10

You need to seek out the courts help and if you can't afford attorney fees then he may be on the hook for those. If you can't be amicable then the only solution is a spousal/child support order. Spousal support won't be forever so you will probably will have to return to the workforce and childcare can be part of child support. You will be on your own until these orders are handed down. Try and illicit support from friends and family until things get settled.

It's too bad this ended in this matter and the kids have to see this. You should do everything in your power not to get them involved, kids shouldn't be involved in adult decisions/issues. Also, be careful about not talking down or disparagingly about him because it is not good for the kids. Stay on the high road!

Good Luck!!

Answer 11

I love when men try these scare tactics on women. No, he can't kick you out. No, he can't just up and take the children. Call the police, tell them he's threatening you, get a report in writing. Ask them about assistance in court. Most likely, unless he can prove you unfit (you're a drug-addict or abusive to your children, etc) you have a very good chance of not only getting the children, but also alimony and child support. Also, make SURE if he has a retirement fund and any other money in investments, you get part of that too! Oh yes, that's your money too.