Temporary support (pendente lite support)

Posted by: Irma

Temporary support (pendente lite support) - 05/23/19 08:55 PM

I’m told that I can file for temporary support through Juvenile Court (Virginia) while the terms of the marital settlement are worked out. Am I able to do this without a lawyer?
If so, would I represent myself and provide the judge with our financial records and what the monthly expenses are? (not sure this is such a wise idea...)
I am 66 and took care of our daughter and my Mom for the past 20 years. He is 75, has been the financial provider, and is still working (he’s in good health) and plans to for the next couple of years.
Posted by: MinnesotaMom

Re: Temporary support (pendente lite support) - 05/25/19 10:51 AM

It might be difficult to navigate the system without an attorney. Know that at his age, he can retire immediately and the court will use whatever his retirement income only to determine support.

At age 66, you are entitled to social security now. As long as you were married at least 10 years, the amount will be either based on your income, or at 1/2 of what he would get, whichever is higher.

AS for taking care of the daughter, is she special needs? Are you getting social security for her now?
Posted by: Irma

Re: Temporary support (pendente lite support) - 05/31/19 05:03 AM

It’s really unfair that he can continue to work (since he has for the entire marriage), and I quit my job, leave my career, for a move for his job...and then we adopt a little girl and I raise her...and get financially penalized for the rest of my life.
Yes, I began collecting half his social security. I am trying to get clear answers from SSA about whether I’m eligible for his full social security when he dies, or if Im locked into half. It depends on who I talk to in SSA and I can’t find anything that clearly states this. Do you know?
No, our daughter was very sick (born drug addicted) for the first 9 years of her life. Lots of learning challenges, as well, so she was homeschooled and tutored and in and out of private schools until she finally graduated. She is 21, so there is no more court involvement.
I asked a lawyer to work with me, and he still hasn’t given me a retainer agreement, after almost 2 months...and my husband is now taking money out of our IRA’s, so I need to take action.
I interviewed many lawyers and liked him the best. Clearly, he’s not so good.