What can happen if spouse moved out of home and got a new place but can’t afford it?
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What can happen if spouse moved out of home and got a new place but can’t afford it?
A husband moved out and left wife and child to deal with finacial debt that we already had before he left. He
immediately got a new place by borrowing the money to do so. He can’t make a steady income and couldn’t contribute much for the bills and now wife and child are left with the debt and struggles to catch back up on the bills. Can he do that?
Asked on January 20, 2019 under Family Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You will need to file for a divorce if you want the legal system to help; in the divorce filing, you can also seek "emergent" (think: urgent) relief in the form of a court order that he contribute to your expenses pending the outcome of the divorce case. The law can only get involved in a married couple's domestic and economic arrangements wheh a divorce case is filed. Ideally, you should retain a family law attorney to help, but you can do this on your own; you should be able to get some basic instructions and forms from the family court, either in person at the clerk's office and/or online from their website.
If overcome with debt, you may also wish to consider filing for bankruptcy. Again, if possible consult with an attorney (one familiar with bankruptcy law), but here is a link to a bankruptcy overview put out by the U.S. bankruptcy courts: https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics
Those are the legal answers. The practical answer is also that if you cannot afford where you live and your spouse's ability to help is suspect (if he can't make a steady income and can't contribute much), you need to look at moving someplace less expensive. The law can only help so much, if between the two of you, there is just not enough money.
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