lillian
New
Reged: 01/02/08
Posts: 3
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My husband left two years ago after 25 years of marriage. He has been paying spousal support and has recently stopped. Can I file a complaint without an attorney? How do I go about it?
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2137
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Is the spousal support court ordered ?
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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lillian
New
Reged: 01/02/08
Posts: 3
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No, there is nothing in writing. It's been like pulling teeth getting him to go to mediation. There are no divorce papers filed. Can I be awarded support without divorce?
We have been separated for two years during which time he has been giving me money to live on. I have gone back to school and recently got a teaching job. He believes that his obligation is over. The problem for me is that I am sixty and will not be able to retire on the salary I will be getting unless he supplements it.
I helped him raise two of his children. Helped him pay a large debt that he brought to the marriage. Helped us get back on our feet when he unsuccessfully went into business for himself. Went through many, many lean years with him. Left my home and friends to come here so that he could advance in his career. He is making 80K a year and wants to keep it for himself so that he can continue to have his big Harley, take vacations with his girlfriend, keep paying on 50 acres he recently bought, drive around in a very expensive truck, have a savings account and retire. I feel like I'm getting the bums rush!
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2137
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If it's not ordered , he has no legal obligation to pay anything . If you want spousal support and can't reach an agreement in mediation , you'll have file for divorce and seek post-separation support ( not alwys a given in NC BTW ) . If you wish to receive SS , be SURE not to engage in any marital misconduct ( adultery ) yourself as it can terminate your eligibility for an award . Does your STBX have a pension plan , 401k or IRA ? You're eligible for share of any retirement benefits your spouse has .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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lillian
New
Reged: 01/02/08
Posts: 3
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How can I get a court order without filing for divorce?
He's the one who left! Why am I the one who has to file?
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2137
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How can I get a court order without filing for divorce?
>>>>>>>>>> You don't have to file for divorce , you can initiate an action for separate maintenance .
He's the one who left! Why am I the one who has to file?
>>>>>>>>>>>>>>> Because you want spousal support .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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