Homosassa, FL asked in Divorce and Family Law for Florida

Q: Can I sell possessions to pay bills because no money is being given to support the kids

My future ex husband hasnt given me any money to support his kids and I am currently looking for work and hes working. Can i sell item in the home to help support my kids till the dissolvement of marriage.

Related Topics:
2 Lawyer Answers

A: I'm sorry to hear you're going through this tough situation. In general, if you're in the process of divorce and trying to support your kids, it's important to know your legal rights. As for selling items in the home, technically, it depends on whether the property is considered jointly owned or if there are any specific agreements in place (like a separation agreement or interim order).

Typically, while waiting for a divorce to be finalized, both parties have a responsibility to support their children. If your ex isn't helping financially, it might be worth exploring legal steps to get temporary support, such as child support orders or spousal support, depending on your situation.

As for selling items in the home, you need to speak with an attorney to receive that kind of legal advice. We need all the facts to determine whether it could be warranted in your circumstance. You should also talk to the attorney about getting temporary financial support while the divorce process is underway.

A: Typically, if you are in need of financial support to pay your bills and take care of your children and your husband is contributing or providing financial support, then you are forced to request through the court either temporary child support and/or spousal support. The amount of child support will be based on several factors: each of your incomes, who pays for the child's health insurance and most importantly the number of overnight timesharing days each party is exercising (to name a few). As for spousal support, this will be determined by you showing a financial need for help from your husband (that amount of money you need to break even at the end of the month). You would show what your monthly bills are, which includes food, gas, phone, mortgage, etc.., and then how much you make each month. If the amount you make is not enough to cover your monthly bills, then that amount is what you NEED to break even and would be able to seek that amount from your Husband as temporary spousal support.

However, you would have to show that after your Husband does the same analysis (his bills and his income) he has money left over at the end of the month, then that amount is what would be available to be applied towards your need. Typically, your spouse will cry poor and the fight comes down to proving that he actually does have money he could be contributing towards your need.

IF, after the analysis your husband does not any money left over to contribute towards your need, then you could file a motion with the court to allow you sell marital property and use those funds to live off of, but that would require a hearing with the Judge. Non-marital property (that property that was purchased prior to marriage for you), normally you would be able to dispose/sell without a problem. BUT, if there is a disagreement on whether the property is marital or non-marital then the safe route is to go to the Judge and have him make a determination about whether an item is marital or nonmarital and have the Judge authorize the sale of that item(s) and what you are able to use that money for. Best of luck.

Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.