going thru a divorce...he wants it to be uncontested but i want alimony i dont make much about 700 before taxes every 2 weeks we have 4 children 1 isnt at home anymore the others are 16 soon to be 17 the other 2 kids are 13 and 10......he pays child support ..i should say when he does........anyway i know he makes alot more then i do.....is it my right to get alimony .....please help me in answering this i am clueless and cant really afford a lawyer....i tried legal aid in the state i live which is ny and they dont help with divorce.....
2007-02-07 08:29:35 · 13 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
WOW..feel lucky you even get child support..In Idaho alimony doesn't exist..i have 2 kids and i get $250 a month. but if it were me i would definitely get a good lawyer, and pay the lawyer out of the alimony he is going to get for you... out of your ex hubby
2007-02-07 08:35:06 · answer #1 · answered by Anonymous · 0⤊ 0⤋
wow, I just went through divorce and I now feel for you. you're definetely entitled to alimony, and child support. i know for a fact that laws change from state to state, so I'm not sure if you get to talk to a Mediator or go to a Settlement Officer Conference (SOC). here in CA, both services are free. If you go for mediation, the mediators can help the parties talk with each other clearly and think about options for settlement. SOC is a service that focuses on solving property and support issues. I think that once you go to court, the judge will ask you if you came into a resolution or if you have disagreements. If you have disagreements, then he would send you for mediation, then you can set a time for SOC after you have served the Preliminary Declaration of Disclosure on the other party (which you make an assessment of your husband's possesion and wages). Call the court house and ask about these services or other available services in your state. take care!
2007-02-07 08:48:41 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It depends on many factors. You have a better chance than most who ask here because of a 20 year marriage.
You may get alimony for a temporary period, long enough for you to find a better job.
Or you may just get the home, without him getting any equity instead of getting alimony, etc.
There are countless ways to work this out.
You really must get a lawyer to help you with this.
2007-02-07 08:37:35 · answer #3 · answered by camys_daddy 5 · 1⤊ 0⤋
A divorce is uncontested if both sides agree. If not, you use lawyers and costs both sides. If neither has money, seek help from family services. But it sounds like his income is ok. Remember, both you and I can draw from the common bank account to pay for lawyer fees. That is, you don't need your own money to get a lawyer. This might scare him enough to either hide the money or settle. If he hides the money, you have to use the lawyer to go thru bank transactions of the past ?? months.
It is clear that he will have to pay for child support for minors. He doesn't have to pay for them going to college.
If the wage discrepancy between him and you is too big, you can ask for alimony for a period of time, perhaps until when your kids all grown and you can go find job again. If you have a house together, that is the biggest asset and women usually try to keep the house as part of the deal.
You can always threaten to use common family to hire your own lawyer and take the "poor me, I get the short end of the stick" approach to win the judge's sympathy
2007-02-07 08:44:08 · answer #4 · answered by Sir Richard 5 · 0⤊ 0⤋
A definite maybe - depending on a variety of circumstances, including WHY your income is much below his.
Did you stay at home for many years raising the kids?
Did you put him through school?
Will you have sole custody of the kids or will it be 50/50?
All those are factors that work in your or his favor.
You need to educate yourself - the information is out there. Go find it.
Lastly, try to save your marriage. 20 years is a large investment to walk away from unless it is absolutely impossible to save it, regardless of the effort required.
2007-02-07 10:35:29 · answer #5 · answered by Carl 3 · 0⤊ 0⤋
I think their are only two states left in the union that you can get alimony. Unless you are legally disabled. Not sure what state you are in, but you need to consult a Paralegal for help, they can help just as much as a lawyer.Call Child Enforcement to collect your monthly support, they will take it straight from is paycheck for a small fee. He will have no choice than. Dept. of Social Health and Services may also have resources for you on a divorce. Good luck!!
2007-02-07 08:39:19 · answer #6 · answered by sue d 4 · 1⤊ 0⤋
You can't afford NOT to get a lawyer. There are some out there that you can put on retainer for very little. Look around! With 4 kids and little income - you've got him by the short & curlies darling. You are entitled to alot more than you think. Try a woman's centre or something for some support - they will have lawyers that you can be referred to. Good Luck - and be strong!
2007-02-07 08:36:25 · answer #7 · answered by Bondgirl 4 · 1⤊ 0⤋
Well it depends on alot of factors. You don't list why you split, and that has a large impact on it. But if he mistreated you and you needed to leave due to his bad habits, yes, ask for alimony. BUt if he honestly didnt wrong you and it just didnt work out, then unfortunately, that hardship is yours to burden. However, keep on his *** about child support, dont let him bea lazy slack off dad. I know no one gets married expecting divorce, especially after 20 years and my heart goes out to you and pray for you. But keep in mind everything happens for a reason, if you were msitreated get that dead beat dad, if it was just that he and you didnt have love anymore, then so be it. Good luck with everything and hope all goes well for you.
2007-02-07 08:35:29 · answer #8 · answered by Drew 3 · 1⤊ 0⤋
Check the laws on alimony in your state. Some states say you have to be married a certain number of years to qualify for alimony, and then you have to be able to prove you can't live under the same conditions (as well) as you can now. They will take your income into consideration.
2007-02-07 08:39:25 · answer #9 · answered by a_lot_smarter_now 4 · 1⤊ 0⤋
Go on Google website and type in (books on divorce) you should find a lot of information and answers to your questions without having to pay a lawyer.
2007-02-07 08:38:45 · answer #10 · answered by Ms Pollyanna 6 · 1⤊ 0⤋