Seperation agreement impossible, what is the next step?


#1

weve been to two different settlement confrences represented by counsel and are unable to come to terms on a seperation agreement. Neither of us can afford to pay the huge retainers lawyers require to go to court. I know I can go thru CSE to enforce child support and may explore that option. Both of our lawyers have advised us not to “abandon” the marital home. I have a part time job but dont make enough to cover the costs of childcare during the summer break from school. Husband is still paying mortgage/utitlites but I have to deplete what little bit of savings we have to pay childcare/gas/groceries/other bills. I’m running out of money. Husband closed our joint account of course.

My lawyer has mentioned filing for a “sequesteration of the marital residence” and/or filing for divorce from bed/board on the grounds that life is burdensome b/c he’s financially not providing for us. (i’m not sure that arguement would even stick)

husband makes b/w 50-60k per year (40k salary, 10-20k self employeed) I obtained a job shortly after he told me he was planning to leave (was a sahm for 4 years) and am making 12k per year.

i’m asking for 400 a month in alimony and am using the calculator for child suport guidelines. can i file for spousal support and or child support before he moves out? what if anything can i file on my own (with the aid of diyonline program thru rosen) prior to the date of seperation?

if my only option is to leave the home can I use our savings account to establish residence elsewhere? How will that money be accounted for in equittable distrubution?


#2

You can file for child custody and support before you move out, but you have to wait until separation to file for PSS/alimony and ED.

You can use the money from your savings account, but you will have to account for it at ED.

Alimony is hard to calculate, but $400 might be a little low for alimony. Check out our alimony calculator here:

http://www.rosen.com/alimony-calculator/

You also mentioned Rosen Online. You may find more information about Rosen Online here:

http://www.rosen.com/diy/