Q: My husband and I are getting a divorce and are legally separated. I don’t want his dog here so what can I do?
We have been living apart for almost a year. He isn’t paying child support but he was helping with the mortgage until last month. Now I will take over mortgage payments. I have all of his stuff still here and two junk cars in my driveway. The dog is also an issue because I have three kids and I don’t have time to devote to the dog as well. He’s also destroyed a lot of the house. What are my options?
A:
It is unclear what you mean by getting a divorce and legally separated. Has anyone filed a Petition with the courts for either a divorce or legal separation? If not you can dispose of a dog that you are no longer able to care for. I would suggest that if this is the case you give him written notice (email will do) of your intent to do so if he does not retrieve the dog in X amount of days.
However, if a Petition for either has been filed with the courts there are automatic temporary restraining order issued that prevent you from disposing of community property (the dog). If that is the case I would still give him written notice to come retrieve the dog because you cannot properly care for it. Hopefully, that will be the nudge he needs to do something; maybe even give you permission to rescue it out to someone who can care for it properly.
William John Light agrees with this answer
A: Your entitled to spousal support if he earns significantly more than you and child support. He will only owe child support arrears if there is an order currently in place.
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