Thinking Of Divorce

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skylarblue

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:confused:

My husband and I have been married for 8 years and have a 7 year old son.

The situation is this:

My husband has not worked in over three months and we are struggling to make ends meet. Not only has he not worked, but he has not really attempted to find employment, either. He does little to nothing around the house. In an effort to earn more money, I am working all the available overtime I can get. This amounts to my being away from home approximately 14 hours a day including the commute.

I have asked my husband to take care of things around the house, but he is either too lazy or just simply will not do it. I've been getting reports at work that our son is not turning in homework and today got a call to come pick him up at school because my husband sent him to school in dirty, smelly clothes. I took him home, bathed him, and gave him clean clothes to wear and sent him back to school. This afternoon, I get another call saying that the bus had taken him back to school because my husband was not at the bus stop. At this point, I am scared that the school will get DFCS involved for neglect.

I do not want this to happen, but if I back off my hours, we will be evicted from our house because I won't be able to pay rent. Currently, my salary is barely enough to cover all expenses, but it is too much to qualify for state aid programs like food stamps and medicaid. If I leave (or make my husband leave) and daycare is thrown into the mix, I simply won't be able to afford it. I am only making it now because with my husband not working, I don't have to pay daycare and am able to work late hours.

My husband's only source of income is a disability check from the Army that is $115.00 a month and a quarterly stipend from a trust fund that was set up by his mother's will while we were married (there is no pre-nup) that pays him about $2000.00 every three months. The car is in my name, as is the insurance. I am pretty sure that I will get primary custody and I won't seek sole custody because I will not keep our son from seeing his father. The trust fund is set up so that it reverts to our son at a specific age.

I know that financially, I can not make it on what I make. I have no family to help. I know I can get a lawyer through legal aid, but I am afraid that with my husband being unemployed that he will not have to pay any kind of support. My main question is: Am I entitled to a portion of that trust fund dividend if it is his only source of income to pay child support? Can/Will a judge order the trustee to send a monthly check and just subtract that from my husband's quarterly payment?
 
You likley are not entitled to any part of the trust, inheritance generally is not income or community property.

Your husband will be ordered to pay child support regrdless if he has a job or not. How and if he pays it is another story.
 
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