I am about to seperate from my husband I have a 13 year old and 1 on the way ,so the question is do my ex have to pay chil support for 13 year old or just for the newborn on the way ??? can i get support for my self to ???
2007-07-05 13:42:50 · 20 answers · asked by jasmine 1 in Family & Relationships ➔ Marriage & Divorce
If the 13 year old is biologically his (or was legally adopted), he has to pay for him/her and if the one on the way is biologically his he will have to pay for him/her as well, but if either of them aren't his then he won't have to pay. They won't be able to set up support for the one on the way until after it is born though in most states.
2007-07-05 13:48:36 · answer #1 · answered by ? 6 · 0⤊ 0⤋
He'll probably only be ordered to pay for the 13 year old until the newborn is actually born. Most judges don't order child support for an unborn child. He def. will be ordered to pay for the 13 year old until the child is 21 or up until 25 and in college.
Just wanted to add that here in NY state even if the child is not biologically the fathers, or adopted that step parents have been deemed as responsible for the child if they were married to the childs parent and that child lived with the couple. So if I married someone and my children lived with us then he could be financially responsible for my children if we divorced. I don't know about how it works in other states though.
2007-07-05 20:48:04 · answer #2 · answered by coley0204 2 · 0⤊ 0⤋
If the 13 year old is his then yes he has to pay child support until he-she is 18 an same goes for the 1 on the way. It is up to the judge if you get support depending on several circumstances
2007-07-05 20:51:27 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Your state I'm certain already has guidelines for this. Alimony is determined based on income of each, lifestyle, etc. You will get it if you make signifcantly less, have helped him advance his career or have not been working for some time. Child support - if he makes more than you OR if you get primary custody, you will get it for both. Child support varies by state. Best suggestion - go see an attorney quickly - don't agree to anything and certainly don't sign anything without one. If $$ is an issue, many will offer 1st consultation for free. Another suggestion - any Joint Accounts - move that money into your name only - can start a new account. Doesn't mean you'll get to keep it all, but will prevent him from draining it.
2007-07-05 20:51:08 · answer #4 · answered by AT 1 · 0⤊ 0⤋
If your current husband is the biological father of your 13 year old and the one on the way then he pays support for both. If either one is not his biological child then he doesn't have to pay support for that child unless he has legally adopted that child. Most courts no longer allow for indeffinate alimony to be paid. Since you are pregnant they may allow it for the rest of your pregnancy and a few months there after but then it will probably cease, during the time you are collecting alimony you will be expected to find employment in order to support yourself unless you are totally disabled and unable to work.
2007-07-05 21:13:16 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Both, you also. This is part of the Property Separation Agreement as it is called in Virginia. In this the support and terms are defined. Generally child support PER CHILD is stipulated until they come of age which is most states is 18. After that it is negotiable. Support for you is also negotiated and can be a set amount for a set time, or a set amount forever, and is usually terminated when you re-marry.
2007-07-05 20:51:28 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Your husband will have to pay child support for his biological children. You can sue for spousal support or alimony and you very well me get it depending on the income differences between the two of you and your circumstances. I suggest you consult a good lawyer. Often times you can ask that he pay your legal fees as well. It all depends on the state you are in and the circumstances in your divorce.
2007-07-05 20:52:54 · answer #7 · answered by Joy 2 · 0⤊ 0⤋
if the 13 year old is his he has to pay child support for him until the child is 18 or 21 if they decide to go to college along with the newborn, u can try and get spousal support no guarantee but u can try.
2007-07-05 20:47:43 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It all depends. You may actually recieve some sort of allowance for yourself. In the state of tennessee it all depends on wages from both parties. You could possibly recieve a living allowance from your husband. You should talk to the local department of human services. In TN, it's called families first but they can tell you the name of it for your state and get you everything you are legally entitled to. And there is no fee for these services either. They should also pay your support payments or atleast a portion of them while waiting on your husband to start paying them.
2007-07-05 21:06:18 · answer #9 · answered by lpn_jess_2006 3 · 0⤊ 0⤋
Well if both of the children are biologically his then yes you can get support for both of them. You can also get alimony for yourself if he was the main provider for the home. If you have the money consult an attorney. If not you have to go through your local government which can take forever.
Good luck!
2007-07-05 20:46:29 · answer #10 · answered by Suzy_305 3 · 0⤊ 0⤋