How can I sue for spousal support? - Child Custody Law Questions and Answers- LawQA.com

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How can I sue for spousal support?

My husband and I were together 15 years when he left to live with a woman in another state that he met on the internet. This is the second time he has abandoned me and my child. The first time, he was gone for four months, and the second time, he was gone for 18 months. Can I sue for spousal support? Also, he is still legally married to me and has lives with this woman all of this time and they filed taxes together. Can both of them be held accountable on Bigamy charges?

Ashman Law Office
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First of all, if you report this to the IRS he is going to federal prison. If he did "marry" the other person and you file a criminal complaint, he is also going to state prison. You may not get support, but he'll be out of your life once you do that and get a divorce.

Answer Applies to: Georgia
Replied: 10/3/2011

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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Bigamy requires he be married to her and you at the same time. As for spousal support, you must file for divorce to get that.

Answer Applies to: Texas
Replied: 9/26/2011

Answer By Riana Durrett

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Nevada courts are often hesitant to order spousal support, but there are many factors such as length of marriage and what each party contributed to the marriage. Once a complaint for divorce has been filed, then a party can request support to pursue or defend against the litigation, depending on the parties' income and resources.

Answer Applies to: Nevada
Replied: 9/23/2011

ROWE LAW FIRM
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In Louisiana you may sue for support even if you do not file for divorce. Your husband will have to be served, but he will be liable for support for you and any minor children. While your husband is committing adultery, for which he can be sued for divorce, unless he attempts to marry the woman he is probably not committing bigamy. You need to consult a tax attorney about his tax filings.

Answer Applies to: Louisiana
Replied: 9/23/2011

Answer By Elizabeth Jones
Elizabeth Jones, A Professional Corporation
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File for divorce and ask for spousal and child support. You need the services of a good family law attorney.

Answer Applies to: California
Replied: 9/23/2011

Answer By Maury Beaulier
Beaulier Law Office
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As part of a divorce, you may seek spousal support if the other paty has the ability to pay spousal support and you can demonstrate financial need. Spousal support is based on a number of factors including the length of marriage and earning capacity of the parties. Marital fault and infidelity are irrelevant to determinations of spousal support.

Answer Applies to: Minnesota
Replied: 9/23/2011

Answer By Joseph A. Katz
Law Office of Joseph A. Katz
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To Whom It May Concern: Whoa! You can definitely file for spousal and child support. Did you file your own taxes? If you have the child more than 50% of time, you are entitled to the deduction. Call an Accountant for a free consultation. It is not bigamy if your husband did not marry the other woman while still married to you. To file for spousal (and child) support, you file for 'Dissolution', and file an Order to Show Cause (OSC) in the Family Law Court in your jurisdiction. Visit your local Clerk's Office for more information and assistance, if you cannot afford to hire private counsel.

Answer Applies to: California
Replied: 9/22/2011

Answer By Paul A. Eads
Law Offices of Paul A. Eads, A.P.C.
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No bigamy. Tax fraud maybe & yes, you may get spousal support.

Answer Applies to: California
Replied: 9/22/2011

Theodore W. Robinson, P.C.
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If he is still legally married to you, yes, he could be charged with bigamy in most states, however, most prosecutors won't really entertain such charges today but you can certainly file them against him. Certainly, if he is filing taxes with her,there is plenty of absolute proof of his illegal actions.

Answer Applies to: New York
Replied: 9/22/2011

Answer By Linda Garrett
Linda C. Garrett Law
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Yes, if you can show that you need support and show that he has ability to pay spousal support. Also, if you two have minor children together, you can petition the court for child support from the father. Living with another woman doesn't mean he is married to her. If he legally married her, then it would be bigamy. Also, by preparing a joint tax return he has committed a felony! Until he is legally divorced from you, his filing status would either be "married filing jointly" or "married filing separate." It does not matter that he is in another state. I strongly encourage to talk with an attorney to learn ways to enforce and protect your legal rights. Good luck.

Answer Applies to: California
Replied: 9/22/2011

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