Can I get a temporary order if support until we divorce?

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Can I get a temporary order if support until we divorce?

He took all home and money. What are my guidelines for allowing him to visit our 22 month old? I am a stay-at-home mom. How long do you have to be married to get alimony?

Asked on October 26, 2012 under Family Law, Alabama

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You actually have two parts to your question...

The first is regarding visitation with your child.  Until an order is in place, both of you have the same rights to the child.  If you leave the child with a baby-sitter, he could go and remove the child, because his rights are greater than those of the sitter.  However, his rights do not trump yours while the child is in your possession-- so he could not remove the child from your possession while you have the child.... and conversely-- if he had the child, you couldn't just go retrieve the child while he was in possession.  With that being said, though, the courts generally do not like parents who play games and put the child in the middle.  Considering he has already taken off with all the money, consider agreeing to only supervised visits until some orders are in place regarding visitation.  You can file for temporary orders which generally grant him bi-weekly visits and order him to pay child support.  Considering the age of the child, the court can restrict the visits to day visits if there is a reason to do so.

Temporary orders can also help with other issues related to marital support and property division.  Since he has taken everything, you can ask the court to give you at least temporary spousal support (i.e. alimony), until you get back on your feet.  In Alabama, there is not a set time frame for how long you have to be married, but the court will consider the length of the marriage, the conduct of the parties, and the historical lifestyle of the parties prior to the marriage.  The court can either grant marital support, or order him to return some of the marital assets so that you can make payments on bills with those funds.  He can also be ordered to refrain from disposing of any items or assets while the divorce is pending. 

Your first step for either question is to file for divorce and include a request for temporary orders. 


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