Wasilla, AK asked in Child Support and Divorce for Alaska

Q: husband required to provide support while pregnant?

He left, I filed, never served him, I wish to reconcile, he hired a lawyer, refuses to communicate with me at all, I'm 4 months pregnant, he emptied the bank accounts, turned off my credit card. I just need to know if he has a legal obligation to support me or is is just a moral obligation until I serve him? Afraid I'm in a weird legal limbo because I never served him the papers. He is aware I'm negative 38 dollars but is not responding to me nor his lawyer. I live 2 hours from the nearest town, including my doctor. I can't afford an attorney and legal aid can't help me. He makes between 6-9,000 a month and since leaving only gave me 300, 4 weeks ago. We live in a dry cabin and so far the electricity, internet and my phone are still on, but he is letting other bills lapse, like netflix type of stuff. I can't find anybody to just ANSWER my question or even let me pay for ASKING.

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1 Lawyer Answer
Stefan Otterson
Stefan Otterson
PREMIUM
Answered
  • Anchorage, AK
  • Licensed in Alaska

A: Child support doesn't start until the child is born. The duty to support starts at birth, even without a court order. In the mean time, you can file a motion asking the court to order short-term spousal support, and if it's an emergency, you can ask the court to expedite your request. However, first you have to serve him with the divorce papers. (Make sure your case is still active before you serve him, and re-file if necessary.) He'll then need time to answer your divorce complaint, and time to respond to your motion for support. You can get the forms for the motion on the court system's website. The court's "Family Law Self Help Center" has lots of information here: http://www.courts.alaska.gov/shc/family/selfhelp.htm, and they have a call-in "helpline." Be sure to read everything relevant on the website before calling because they're very busy. The court clerks can also give limited instructions on what to do with the forms, but view that as a last resort. The main thing is - don't delay. All this takes time, and the clock doesn't start until you serve the complaint and file a motion.

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