if the woman filed , would it impact child support or alimony and vice versa if the man filed, would it affect what the court would want him to pay..
also do different states look at who filed as a consideration
thanks
2006-09-04 13:37:45 · 10 answers · asked by befuddled 2 in Politics & Government ➔ Law & Ethics
no, both the man and the woman get treated equally
2006-09-08 05:13:33 · answer #1 · answered by ? 2 · 0⤊ 0⤋
No, child and/spousal support are strictly formula related. Each state (in NY for example for one child is 17% of combined parental income) varies. Also, the person who files is working from an initial position of offense rather than defense. The Plaintiff files a Complaint to which the Defendant will have File and Answer and, if the Defendant has his/her own claims, then they file Counterclaims and the Plaintiff has the opportunity to Reply - the Defendant does not. The gender of the filer does not provide for any favoritism in the Court's eyes, or its not supposed to anyway. Contact me if you have more questions.
2006-09-04 20:54:05 · answer #2 · answered by ladylaw_912 4 · 1⤊ 0⤋
It should have no effect on child support whatsoever. As to spousal support or alimony, where that still exists, the grounds might have some effect on that, but who files should not automatically have an effect. Check the links below for laws in your state
2006-09-04 20:40:28 · answer #3 · answered by MOM KNOWS EVERYTHING 7 · 1⤊ 1⤋
In most states, no. A few still have older laws that are gender-specific.
It also depends on the grounds for the divorce, whether it is at-fault or no-fault, which significantly impacts alimony and child support.
2006-09-04 20:39:02 · answer #4 · answered by coragryph 7 · 2⤊ 0⤋
Child support is formula related in all cases. Spousal is based on need and ability to pay. The problem is the judges can, and do, order support in unreasonable amounts. For me it was most of my net pay. For many it can be over 50%. Is it lawful no. Is it moral, no. Do you have to obey the order, yes.
I eventually got custody, but still had to pay child support for a year to ensure my ex could maintain a home for visitation.
2006-09-05 00:23:05 · answer #5 · answered by Ottawa Father 1 · 1⤊ 0⤋
as far as I know,, the only thing that it really effects is court costs,, and say you are filing in one state and he's in another state if you file first then you can have all the proceedings done in your state.
2006-09-04 20:43:56 · answer #6 · answered by B V 5 · 1⤊ 1⤋
nope.. none of that matters.. with who files.. the only thing about filing is the money comes out of your pocket to get the ball rolling..
2006-09-04 20:39:54 · answer #7 · answered by Min 4 · 1⤊ 0⤋
As far as I know, I do not think that it matters who is the filer of a divorce.....
2006-09-04 20:39:18 · answer #8 · answered by Anonymous · 1⤊ 0⤋
it is not suppose to but with the courts and the ages of the judges is still has a subconscious effect.
2006-09-04 20:43:17 · answer #9 · answered by ? 5 · 1⤊ 1⤋
not a consideration
2006-09-04 21:15:52 · answer #10 · answered by Anonymous · 0⤊ 0⤋