Q: How do I secure spousal support in my divorce?
We have been married for 10+ years. I experienced a significant amount of domestic abuse in the marriage and left the home 18 months ago. I left our 10 year old with his father as my husband ruined my credit and finances. My husband now makes twice as much as I do. He makes so much now that he has just purchased a new 2023 Camero, while I struggle financially. I don't even make enough money to get a two bedroom apartment for my son and I, so I have to get a one bedroom. One week ago, the judge ordered me to pay $432 per month in child support because my son has a bedroom at his dads home. I have no way to pay the extra $432 per month because I don't make enough to pay my current bills. Is it possible to obtain spousal support to allow me to obtain a two bedroom as my husband now has after our separation? I have already requested spousal in the divorce paperwork and await the hearing on the domestic violence and other debt my husband left me. I am unable to hire an attorney.
A:
You can file a motion for temporary spousal maintenance and ask to receive spousal maintenance while the case is pending. You can also for temporary custody (or, more specifically, temporary legal decision-making and parenting time) and an interim award of attorney's fees.
Domestic violence is relevant only to the custodial issues of legal decision-making and parenting time. The Court, by law, cannot factor it into the division of property or spousal maintenance. For custody, if you're using the domestic violence to seek full custody (i.e., sole legal decision-making and to be primary residential parent), you should consult with an attorney right away to discuss how to handle the fact you left your son in your husband's care.
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