Q: In liu of temp support Mr. pays health benefits and car note. Takes registration & no health card?
My ex does not want to give me a cent. They say he is paying all my expenses instead of temp support. My husband kicked me out suddenly and says he gave me the card that night. I do not have it nor will provide my card. He has not paid my dr bill since Aug of last year. Now I am contesting paying the car as it was a replacement to the one I brought into the marriage. He took the registration out and if the judge does find I do not have to pay my car can we retro that money?
A:
In California, the court has the discretion to order temporary spousal support during the divorce proceedings. The purpose of temporary support is to maintain the status quo and ensure that both parties can meet their financial needs until a final judgment is entered.
However, the court may also consider alternative arrangements, such as the one you described, where your ex-spouse pays for certain expenses like health benefits and car payments in lieu of direct temporary support payments.
Regarding your specific situation:
1. Health insurance: If your ex-spouse has been ordered to provide health insurance coverage but has failed to pay your medical bills, you may petition the court to enforce the order and seek reimbursement for any out-of-pocket expenses you incurred as a result of their non-compliance.
2. Car payments: If the car was a replacement for a vehicle you owned prior to the marriage, you may argue that it is your separate property and should not be considered community property. If the court agrees, your ex-spouse may be required to reimburse you for any car payments made during the separation.
3. Registration: If your ex-spouse has taken the car registration, you may request that the court order them to return it to you, especially if the vehicle is determined to be your separate property.
4. Retroactive support: In some cases, the court may order retroactive support payments if it finds that the temporary support arrangement was insufficient or if one party failed to fulfill their obligations under the agreement.
It is essential to gather evidence supporting your claims, such as medical bills, car payment records, and documentation of the vehicle's ownership history. It is also highly recommended that you consult with a qualified family law attorney who can provide you with personalized advice based on your specific circumstances and help you navigate the legal process.
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