Q: My friend took her kids and filed an order of protection. There was a lot of abuse. Her husband flew to Florida to his parents house even though CPS was supposed to drug test him. He left before he received the restraining order. He text her he was staying in Florida. She just found out today he canceled her credit card and she has no money to even support her kids being she has been a stay at home mom their entire marriage. is it legal to cut off all financial support and flee to another state before his drug testing?
A: David’s Answer: As for the drug testing, if there was no court order that he do so, then any such thing was voluntary on his part. As for cutting off financial support, she should strongly consider filing petitions for both child & spousal support in Family Court. Once she gets interim orders of support, she would then be in a position to subsequently file for divorce. Tell your friend she should schedule a consult with a Rockland/Westchester Domestic Violence attorney for a full assessment.