Pittsburg, CA asked in Family Law for California

Q: Abusive husband of 14 yrs took kids & left me penniless. He won't give me kids or money until I have sex. Is it legal?

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1 Lawyer Answer
Jami Kay Fosgate
Jami Kay Fosgate
  • Burbank, CA
  • Licensed in California

A: Your husband has a duty to provide you with support and you are not required to have sex with him in exchange. You may file an independent civil action pursuant to Family Code section 4303 to ask for payment of spousal support. You may also file a divorce petition and ask the court to order the payment of spousal support by your husband. You do not say how old your children are, but if they are minors and you want to share custody of the children with your husband, you may ask the court to make orders for joint custody and payment of child support. You should contact an attorney for assistance. If you do not know any attorneys, contact your local bar association and ask for a referral. You may also want to contact the court's Family Law Facilitator Office or contact a local non-profit group that provides family law help, such as Neighborhood Legal Services. If you found this answer helpful, let me know by clicking the "thumbs-up" button at the bottom of this answer. Thank you. Good luck. Disclaimer: This response is intended to be a general statement of law and should not be relied upon as legal advice. This response does not create an attorney/client relationship and does not create a right to continuing email exchanges.

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