Court Of Record Forum
My husband canceled my health insurance
We are legally separated and my husband has breached the separation agreement by canceling credit cards, taking all the money out of bank accounts, canceling health insurance etc. i've asked my attorney to remedy this somehow but she seems reluctant. In the meantime my husband is trying to file a temporary restraining order on me because I sent him a couple of mean texts. He's 2600 miles away and those were the first texts i've ever sent that were mean (seriously!) Any ideas what can be done here? I can't believe a woman judge actually approved a temporary restraining order over a couple of silly texts. I have not been served yet, however, a man keeps coming to my door and because I have a RING I don't answer.I showed the texts to my friends and they thought they were pretty tame compared to what they would be saying right now after being tricked into moving 2600 miles and then finding out your husband wasn't joining you. We have a teen son who has already moved back to our original state. I filed for legal separation in California because California protects women more than Virginia. We've been married 16 years so I'm hoping I'll get decent alimony since I sold all of my rental properties after marriage and they would have been my retirement. I just turned 60 this week and had I kept my properties I would not be asking for alimony but would have been living on the income. I know, dumb move.
As to his TRO on you, you opened yourself up to that when you sent "mean texts". What is he trying to restrain you from doing?
On spousal support, you want to take a look at CA Family Code section 4320. That lists several mostly subjective factors that a judge is required to consider in ordering judgment spousal support. It's primarily based on his ability to pay, your need, and how much you should be expected to provide for your own needs. If you're both employed at similar levels of income you probably won't get much, but if he's employed and you've primarily been a homemaker, don't have much experience or job prospects you should get a decent amount. If you're currently receiving temporary spousal support, you should probably expect something a bit less as judgment support.