This a question for my girlfriend. She left her hubby in 2000 and never got a divorce. He hardly helped her with supporting their child and now he is living with this chick and is supporting her and her 2 kids. She's been struggling since day one but thought that if she stayed legally married he'd be responsible for their chikd but he has proven to not give a damn so now she needs to do whatever she has too in order to make him pay his dues. If she files for divorce now can she get alimony and back child support?
thanks
2006-06-25 16:46:19 · 7 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
yes, she can get alimony! It's called spousal support and if the legal and binding marriage was for 7+ years, and of course there are children involved, so yes child support too and back support. yes, get a lawyer and take this a$$hole to court. She will win! and She will win BIG with back support! As long as he can't prove in a court of law she was cheating.
2006-06-25 16:59:14 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Alimony, probably not, child support, absolutly. However, why divorce him? Get a legal separation, this way, she is LEGALLY entitled to any 401k, SS, Retirement that he may have coming to him in the future. It does however, require that she can never marry, and in her best FINANCIAL INTERESTS, avoid living with someone.
The premise applies to both alimony and a legal separation.
With "back" alimony, she has spent the last 5-6 years financially able to tend to her and the childs needs without his help. He is required by law however, to pay child support, so she will get a percentage of "back" for that. As to alimony in a legal separation, the last thing you want to do is financially better than your spouse. Stay just a few steps below him financially, then she may be able to get some sort of alimony in a legal separation. Whether or not she divorces, legally separates or remains in her current situation, he will be responsible for the child until 18 regardless. She needs to file a custody petition with a request for child support now, no matter what is decided later.
Consult with a good divorce attorney, or if money is an issue there are legal aid services in every state. Call your state bar office and they can direct you.
2006-06-26 00:01:44 · answer #2 · answered by jv1104 3 · 0⤊ 0⤋
Well did she waste her life being married, if not she can't get alimony. 6 years hardly qualifies for alimony. Imagine married for 30 years. Kids, Housework no career then divorce. Then the woman can qualify for Alimony.
Alimony gets treated differently from child support on your tax return. Alimony is tax deductible to the person who pays it, and included in the taxable income of the person who receives it. Child support, by contrast, is not taxable to the person who receives it and not tax deductible to the person who pays it. That means that when you and your spouse have dramatically different incomes, there may be some tax advantages to using alimony, even if a judge wouldn't ordinarily award it.
John and Melanie realized early on that alimony might make sense for them. John's income of $175,000 made every deduction precious to him. And at her $23,000 schoolteacher's salary, Melanie had a substantially lower tax rate. What they realized after looking at the numbers was that if John could claim the support he paid as alimony, he could afford to pay Melanie more than enough to compensate her for the extra tax she would have to pay, and still come out ahead.
"I spend a great deal of my time as a coach helping people think through whether they could use alimony and have both the husband and the wife come out better after tax. I use software to help clients understand what their after-tax income would be using each of several scenarios. Then the two spouses can negotiate with full knowledge of the advantages and disadvantages to each of them. "-random person
2006-06-25 23:53:09 · answer #3 · answered by lincseagles 3 · 0⤊ 0⤋
She should be able to get alimony based on how many years they were married. and it may be different in different states how they determine alimony. He will have to pay support for the kids too. You also need to make sur eyou file for a seperation order because that will help to get the ball rolling for the support orders...best thing to do get a lawyer who deals with family issues
2006-06-25 23:53:16 · answer #4 · answered by EMTorNot2EMT 2 · 0⤊ 0⤋
She needs a lawyer and either proof of paternity or in loco parentis. The courts will decide on retro alimony, usually child support is automatic for retro pay. So get thee to a shark and fast.
2006-06-25 23:54:32 · answer #5 · answered by Anonymous · 0⤊ 0⤋
She can have the government garnish his wages so some money will be automatically taken out of his paycheck and given to her for child support. She should talk to a lawyer.
2006-06-26 01:00:37 · answer #6 · answered by Anonymous · 0⤊ 0⤋
She should seek the advise of a good divorce attny IMMEDIATELY. What on earth is she waiting for?
2006-06-26 00:11:16 · answer #7 · answered by iyamacog 7 · 0⤊ 0⤋