My husband has told me he wants a divorce, but that he wants me to do the paperwork and say I want the divorce (not him) so he won't have to pay as much if anything. Is it true that it works this way. He's going to make my life miserable if I stay, but I really am not the one seeking divorce. How does this work?
2007-04-14 08:26:50 · 10 answers · asked by Wendy B 5 in Politics & Government ➔ Law & Ethics
The reason I am considering going along with this is because I have two kids. If I stay, he will be impossible. If I go, and take the kids without divorce, he find ways to make me a kidnapper or something. I just feel stuck. I want my kids out of it.
2007-04-14 08:32:56 · update #1
I am in Georgia.
2007-04-14 08:33:48 · update #2
In most jurisdictions, which spouse left is not relevant to the issues of spousal and child support. It MIGHT be relevant to the issue of custody. Support is determine on factors such as income, expenses and amount of time spent with the children.
But the bottom line is you need a local attorney. Most of the people answering this question aren't even attorneys, let alone someone who knows divorce law in your state.
2007-04-14 08:42:20 · answer #1 · answered by Carl 7 · 1⤊ 0⤋
It depends on the state you live in. Some states are "no fault" so if it's no fault then it doesn't matter who left who. Alimony is allowed only if the wife does not have a job and income and cannot support herself if they broke up (alimony pays for her living expenses like a place to live and food and for her education so she can then make and have her own income from a job). It may also be determined if the wife didn't work before they got married.
He would still have to support the child cause it's his and the judge will make that determination as to how much he has to pay (there is a schedule the judge goes by. The judge isn't going to change the schedule, your husband will just have to find a 2nd or 3rd job). If your husband doesn't pay for the child there's always jail time until he does. The best thing is to not tell him what I just said and to start the divorce yourself.
These days though a judge may demand that you both get counseling or take a course before you divorce. You'll have to read up on what your state's rules are....maybe they are on the internet.
2007-04-14 15:35:37 · answer #2 · answered by sophieb 7 · 0⤊ 0⤋
If that's what he wants, you can oblige. Depending upon what state you're in, you've got certain rights and he's got certain obligations. Being he wants YOU to handle the paperwork, we can assume that he doesn't want legal representation. If he does that, he will HAVE to sign a document indicating that. By getting a SMART divorce lawyer, you can have a very pleasant settlement that he will agree to. Don't hire a snake. There are plenty of them out there. It's not necessary if he agrees to let you handle it. You can do just fine..
2007-04-14 15:33:21 · answer #3 · answered by Stanley M 1 · 1⤊ 0⤋
No it doesnt matter.Whoever gets the kids gets the child support . Alimony may be another matter. And why are you giving your husband his request , if its him who wants to leave ? This way you can be the bad guy. Tell him to file if he wants to.
2007-04-14 15:30:06 · answer #4 · answered by prole1984 5 · 0⤊ 0⤋
Go to the district attorney's office immediately.
This is BLACKMAIL, accompanied by THREATS.
Tape him if you have to; he shouldn't get away with this kind of behavior.
By the way, he will have to pay the same in child support and alimony either way; it is based on his income, not assigning blame.
2007-04-14 15:38:00 · answer #5 · answered by nora22000 7 · 0⤊ 0⤋
He is the father of the children. He obligated to support them until the age of 18. In some states it's 21. It doesn't matter who leaves whom. If he doesn't support his children he may end up in jail.
Even if he doesn't support them anr tries to wait until they are of age, he is still liable for back support.
2007-04-14 16:53:40 · answer #6 · answered by Joe S. 1 · 0⤊ 0⤋
A lot depends on the state you live in. Talk to a really good family law attorney.
2007-04-14 15:30:47 · answer #7 · answered by Anonymous · 0⤊ 0⤋
No, it doesn't matter who files. What matters is individual incomes as well as parental rights and custody of children.
If he wants out, let him do it. Either that or hire an attorney to handle your situation.
2007-04-14 15:36:30 · answer #8 · answered by Chris N 2 · 0⤊ 0⤋
Get a lawyer, then serve him with the divorce, make sure to get a lawyer...who is gana pay for the lawyer you ask, He is!
muh ha ha ha ha ha ha ha ha ha
>:D
2007-04-14 15:36:03 · answer #9 · answered by Anonymous · 0⤊ 0⤋
In regards to a "jury" trial , which you never Know if it will come to it....
...It does matter...
If he wants out, let HIM File...trust Me!
2007-04-14 15:30:27 · answer #10 · answered by Rada S 5 · 0⤊ 0⤋