Separation Agreement / Post Separation Support

I am drafting a Motion for Post Separation support. Can I incorporate what is typically listed in a separation agreement into the Motion for Post separation support?

For example, in my Motion I am listing my financial condition and my spouse’s financial condition and the requested amount required to somewhat support myself our minor child.

Spouse (husband) is not agreeing to separation, and I know I do not need his agreement to do so; however, a Separation Agreement is just that, conditions which we are both agreeing to.
I have already moved out of the house and out of the state, with our minor child, but I do not want to give further visitation to him as he is acting irrational and I fear that he will take her or not return her to me. I have reason to believe he will based upon his last visitation with us.

Getting back to the Motion for Post Separation…is there a way to be heard at the same hearing on post separation support, child custody, separation agreement and property settlement? I know this maybe the only way as hubby will not agree to anything with me. I have gone before him 3 times in the last 5 years, we have been married for 20, to equally divide all properties and create a written visitation schedule, but he refused. The last time I went before him, approximately 2 months ago regarding the same issues and he stated clearly, “that all the money is his, that he worked for it” it was only then, did I move funds into an individual account and took our daughter and moved out. He still argues about what I have done, calling me a theft in front of our daughter. I have explained to her that one can not steal what is rightlyfully theirs. I transferred 50% of only 1 financial account, there are atleast 3 others.

Sorry, getting back to the topic of this request. I want to take care of everything in 1 hearing. I have moved out of state when hubby came to my temporary living place, threaten to take our daughter, but couldn’t because I locked us both within the apartment, however he did manage to switch out the cars, taking the newer one and leaving me with the older less reliable one. I only took the newer one because I am not mechanically incline but he is. He also has regular income and only commutes 12 minutes from home to work.

Thank you for your assistance.


You can usually get a temporary hearing for support and custody fairly quickly and at the same. Equitable distribution claims usually take longer to pursue due to discovery and the court will wait to hear that issue further down the road.