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  1. #1
    Join Date
    Aug 2015
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    16

    Default Can Your Spouse Get Support While a Divorce is Pending

    My question involves a marriage in the state of: Virginia

    My wife moved out of our own house, without any legal reason. She took two kids with her, living in a two bed-room apartment. She is filing(or planning to file) child support and spouse support to the court, asking my money. She bought a piano in the apartment for the kids, whiling leaving the grand piano in our house useless. How can she do that? She is burning thousands dollars outside, then ask the court to make me pay.

    If we are divorced, I understand when the court asks me pay the support. But we are not divorced. (I heard there is no legal separation in Virginia). She just moved out, making a mess to give me a hard time. Is that legal?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: My Wife Moved Out No Reason and Files to the Court for Support

    Quote Quoting xsli2
    View Post
    My question involves a marriage in the state of: Virginia

    My wife moved out of our own house, without any legal reason. She took two kids with her, living in a two bed-room apartment. She is filing(or planning to file) child support and spouse support to the court, asking my money. She bought a piano in the apartment for the kids, whiling leaving the grand piano in our house useless. How can she do that? She is burning thousands dollars outside, then ask the court to make me pay.

    If we are divorced, I understand when the court asks me pay the support. But we are not divorced. (I heard there is no legal separation in Virginia). She just moved out, making a mess to give me a hard time. Is that legal?
    Of course its legal. She did not need any "legal" reason to separate from you. And yes, you can be ordered to pay child support and possibly spousal support even if you are not yet divorcing.

  3. #3
    Join Date
    Mar 2013
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    18,340

    Default Re: My Wife Moved Out No Reason and Files to the Court for Support

    Quote Quoting xsli2
    View Post
    My question involves a marriage in the state of: Virginia

    My wife moved out of our own house, without any legal reason.
    She didn't need a "legal" reason, she just needed a reason and she apparently had one even if you can't understand or accept it.

    Quote Quoting xsli2
    View Post
    She is filing(or planning to file) child support and spouse support to the court, asking my money. She bought a piano in the apartment for the kids, whiling leaving the grand piano in our house useless. How can she do that? She is burning thousands dollars outside, then ask the court to make me pay.

    If we are divorced, I understand when the court asks me pay the support. But we are not divorced. (I heard there is no legal separation in Virginia). She just moved out, making a mess to give me a hard time. Is that legal?
    Yes, that's legal. There's no law against her moving out that way.

    You apparently have no clue about what's going to happen to you so I suggest you start by reading some of the basics at the following website:

    http://www.fairfaxcounty.gov/courts/circuit/divorce.htm

    Then get yourself a lawyer.

  4. #4
    Join Date
    Jun 2015
    Posts
    988

    Default Re: My Wife Moved Out No Reason and Files to the Court for Support

    Keep in mind that until some court holds otherwise, your kids are,still just as much yours ...

  5. #5
    Join Date
    Aug 2015
    Location
    California
    Posts
    77

    Default Re: My Wife Moved Out No Reason and Files to the Court for Support

    You're wife doesn't need a "legal" reason to leave you and I'm guessing you get to keep the baby grand for when the kids come visit. If she's already got the divorce moving forward then you should probably get a lawyer to help you with this process. You have rights too and being slow to get help or naive to the legal process may have you left holding the financial bag and little visitation with your children. Speaking of children, as someone else mentioned, those are your kids as much as they are hers so legally she doesn't have the right to just take them.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: My Wife Moved Out No Reason and Files to the Court for Support

    While I do not deny that until a court says otherwise, both parents stand equal when it comes to rights to the kids, I can't help wondering why that apparently means to the two posters immediately above that this translates into Mom has no right to take the kids but Dad has the right to take the kids back. That sounds to me as if you're saying Dad's rights are superior to Mom's, which is not the case.

    And how is it good for the children for their parents to use them as the rope in a tug of war?

  7. #7
    Join Date
    Nov 2013
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    in alto mare
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    1,123

    Default Re: My Wife Moved Out No Reason and Files to the Court for Support

    Quote Quoting christielyn
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    Speaking of children, as someone else mentioned, those are your kids as much as they are hers so legally she doesn't have the right to just take them.
    Brilliant. Hopefully he won't take your words to mean he can just storm over there, barge in and take the kids.

  8. #8
    Join Date
    Mar 2013
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    18,340

    Default Re: My Wife Moved Out No Reason and Files to the Court for Support

    Quote Quoting cbg
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    And how is it good for the children for their parents to use them as the rope in a tug of war?
    It isn't.

    But people almost invariably do it anyway.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: My Wife Moved Out No Reason and Files to the Court for Support

    Which is what happens when selfish people decide that their rights are more important that the best welfare of the children.

  10. #10
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: My Wife Moved Out No Reason and Files to the Court for Support

    Quote Quoting geek
    View Post
    Brilliant. Hopefully he won't take your words to mean he can just storm over there, barge in and take the kids.
    Things didn't turn out too well for the last guy to do that. Although he didn't storm, he broke in in the middle of the night.

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