Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #34:
I am interested in seeking a divorce (Texas) against my husband who was recently incarcerated for Investment Fraud (2 year sentence). Are there any rights/provisions/laws which will enable me to request and RECEIVE child support orders now (even though it is obvious he cannot currently pay monthly support payments) so that the ordered support will ACCRUE while he is in jail?

My husband committed a crime . . . the children and I did not. Why should WE be penalized for HIS wrongdoing while he is imprisoned? He gets "three hots and a cot" and watches cable TV all day long. I on the other hand, am trying to work to support our 2 small children (as well as put my other son through college) AND finish my degree as well as mend from my husband's financial and emotional injury to our marriage and family. His forte' in life is sales and easily makes hundreds of thousands of dollars annually so ANY amount of accrued support would be a drop-in-the-bucket for him.

Answer:
You do not mention any savings or other assets which your husband may have which could serve as the source for child and spousal support during the course of incarceration. You may also wish to investigate the possibility of seeking child and spousal support from Family Court or the equivalent in Texas.

I strongly recommend you seek legal counsel experienced in these matters in Texas who can offer you more detailed and precise advice.

Leonard M. Weiner, Esq./Divorce Solutions

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