Lived as married couple for 2 yrs. Was kicked out of the house and have been living separately for the past 3 yrs. However, were are still married by law and currently going thru a divorce. Within the 3 yrs. she has met and lives with another man and is currently carrying their unborn child. Now, she is requesting spousal support and an increase in child support which is currently been paid thru child support services .
2007-03-07 05:04:59 · 20 answers · asked by neeci 1 in Family & Relationships ➔ Marriage & Divorce
I am in the state of Texas and in Texas it is extremely difficult to qualify for spousal support...first of all...one must have been married for at least 10 years...so according to Texas no she would not qualify...and yes at any time they can petition the court for an increase in child support...Again, in Texas all they can get is 20% for one child...no more...however, if u obtain a raise,,,they can take u back to court and again always get 20%....hope that helps
2007-03-07 05:09:13 · answer #1 · answered by sunbun 6 · 0⤊ 0⤋
I am supposing that you live in the United States. If that's the case, then there's probably no way she would get spousal support. It's very difficult to get anyway, even if the woman has no skills with which to earn a living, which is usually the only reason it's given. I'm sure that you have a lawyer and he/she will tell you not to worry about it. However, as she is married to you legally, you will probably will be responsible for child support of the as yet unborn child. The law supposes the legal husband as being the father of any children born of the marriage - whether she is living with you or not.
2007-03-07 13:19:25 · answer #2 · answered by Dovie 5 · 0⤊ 0⤋
you will have to check with the lawyer on this. She may be able to get the spousal support, but since she is living with another man and you have proof of this, and she has lived without spousal support for the last 3 years....I don't think the judge would grant it....but you never know with the way judges are these days. But with her being pregnant by another man b4 the divorce, then it is very apparent as to why she wasn't the extra support......they want you to pay for their baby. she can get an increase in child support, if it is warranted. You really need to talk to your lawyer to see what your options are, if at all I would fight for the spousal support, she has a live in BF, and is more than likely wanting to marry him, I not sure, but I just don't thin that she can get spousal support once she remarries......I really suggest talking to your lawyer....shoot, get your child, and sue her for child support....it goes both ways ya know
2007-03-07 13:15:48 · answer #3 · answered by mrs_endless 5 · 0⤊ 0⤋
Cinsult your case worker. But I dont see how she can get spousal support if you guys have been seperated for 3 years now. WHo was supporting her then? The only way they will increase the child support is if its yours or you have a salary increase. But, just thinking, for some reason I want to say that they may can charge you with child support of the unborn child, ONLY b/c you guys are still married, but you were not living together at that time, right? If not, then you may be good. Consult your attorney or case worker about your rights!!! *Peace
2007-03-07 13:11:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
She may get the raise in child support depending on if you are paying the right amount and your circumstances have not changed in the past 3 years (raise, new better job, etc.) But it is unlikely she will get spousal support, she has a job and you were only married and living together for 2 years but you should get a divorce why have you waited so long? You are hurting yourself by procrastinating....
2007-03-07 13:18:45 · answer #5 · answered by M B 5 · 0⤊ 0⤋
Unfortunately yes. But....... Spousal support is usually based on the numbered of years you were married and NOT seperated. For you, thats 2. She won't get very much. The child support is a different issue though. Sorry, might as well hand your check over to her at this point. Best of luck.
2007-03-07 13:11:20 · answer #6 · answered by barbie 1 · 0⤊ 0⤋
I know she is entitled to child support for your child but I'm not sure about spousal support. What a *****!! She's seeking spousal support when she has lived with someone else all this time. I think each state has different laws on this. I would talk to your lawyer if you have one, if you don't get a cheap one. Otherwise you'l have to do alot of research yourself!
2007-03-07 13:11:03 · answer #7 · answered by lovin' life... 4 · 0⤊ 0⤋
I don't think so. As I understand it, you get spousal support if you had been supported by your spouse. If you guys have been living apart for that long, I think you can make a good case that she doesn't need your support other than child support. But really, the best thing you can do is make sure you have a good lawyer.
2007-03-07 13:10:45 · answer #8 · answered by Sharon M 6 · 0⤊ 0⤋
GET A LAWYER!!!!!
If you don't think you can afford an atty. now, you'll wish you had after she's done with you.
I don't think she'll get the spousal support as the time you've been seperated. but again talk to your atty.
Find out where she's working etc. that will make a diference in your form 14 child support calculation.
Hope this helps
2007-03-07 13:12:49 · answer #9 · answered by walker9842 4 · 0⤊ 0⤋
i doubt she'll get any spousal support because its been so long now and they usually only give that for the first 6 mts to a yr right after the divorce. if she takes you to court for a higher child support she may get it if you've had an increase in pay....get an attorney/social worker ( call united way if in the US and cannot offord any)and let him/her know about her current living arangement also..... visit your child often and on time....this is your biggest priority
2007-03-07 13:16:03 · answer #10 · answered by Hi its me again 4 · 0⤊ 0⤋