In a divorce, if the husband hasn’t paid support in 6 months, canthe wifesell marital assets to pay for essentials?

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In a divorce, if the husband hasn’t paid support in 6 months, canthe wifesell marital assets to pay for essentials?

Asked on July 13, 2011 under Family Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  I would not suggest that you sell any marital property at this point in time.  I know it is very difficult but it can be seen as dissipating marital assets and judge's don't generally look kindly on spouses that do that.  What you need to do is to file a motion to enforce the order of support and for contempt of court.  The court;s do not like it when parties do not follow their orders and your husband need to give you the support.  You may even be able to garnish it from his pay checks.  You will be able to obtain a judgement for a sum certain and that will last you a good long time. Get help.  Good luck.


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