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.