spousal support

[lcaldwell]

would like to get some advice on what my mother could do, she is 60 yrs old and my dad is 65 and they are going through s sepration at this time and my dad has been very abusive in the past some physically but more mental and verble abuse exist my mother has no working skills because my father would not allow her to work outside of the home so she has no income at this time and he is currently getting a miners pension, social security, and comp from being hurt in the coal mines so he is currently receiveing about 3000 in monthly payments but is refusing to give my mother any spousal support, she has also left the house and is currently staying with my brother and dad has went and got her with a warrent for family abuse and she is to stay within 100 ft of the property and only contact him by mail, could you please let me know what we could do to better this situation she is seeking a divorce with half of the income my father gets as well as half of the property after he sells the family house.. she currently has no income and no funds to get a lawyer...

 

[Duranie]

First of all your mother needs to call around to legasl aid, or call around to an attorney to see if they will take payment from her assets, or possibly even bill her husband for legal fees.

There is no way she can do this on her own.

I doubt she is entitled to half his income since he is on a fixed income but she should be entitled to some spousal support.

Also, your mom needs to be encouraged to work. She should be able to at least find a part time job doing something. It is not realistic to expect her husband is going to support her 100%.

She needs to call around to some family law attorneys and see about getting some help. If she owns a house, she might be able to pay the attorney from that. Also if the attorney feels confident they will be able to petition the courts to have Dad pay legal fees, that is also a possibility.

Good luck