Q: My husband is the breadwinner and makes a lot of money. He has 3 duis and is claiming because he is the bread winner he can take the kids from me. My question is, can I get my kids if I can’t provide shelter as of yet and can I get child support from him although he doesn’t file a tax return and is not working using his social security.
A: Ability to provide adequate housing is certainly a factor in custody. That said, if your husband is making a significant amount of money, you should file for divorce, and then file applications for both maintenance (spousal support) & child support. Receiving both would presumably give you enough money to afford adequate housing. Schedule a consult with a White Plains Child Support attorney for a full assessment.