If husband is inone stateandI’m in anotherstate, how should we proceed with spousal support?

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If husband is inone stateandI’m in anotherstate, how should we proceed with spousal support?

I have not been able to work full-time – no work experience. Seperated for 3 years; 2 children (10, and 8). I’m in SC; husband in CA.

Asked on December 8, 2010 under Family Law, South Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to immediately contact an attorney who is licensed in your state to determine a) if you should or could file in South Carolina or b) if you need to file in California and c) to determine if either South Carolina law or California law.  Further, if you have not been able to locate a job, the court will need to determine if you are entitled to spousal support depending on the length of the marriage (that is where the state's law will come into play) and of course, how much child support will be.  If you have not been receiving child support, an accounting needs to be made of the back child support owed and how it will be paid up so there are no arrears.  Visitation will be another issue as well as things like medical coverage and education costs.


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