We both own home; want him to move; he agrees; still pays mortgage; we put house for sale and we split profit 50/50 right? He owns a business; I don't want any of that but it might be hard to get child support from him because I can't garnish his wages because he works on commissions and keeps bad records. How would that play out? Can I get spousal or just child support? I only ask because I pay everything now but the mortgage which I would not be able to do if we divorced so I need to see what monies I would have to keep a roof over my childs head short of having to move back out of state with my parents and taking him from his dad and friends which I don't want to do.
I don't want the house; its too big; an apartment is fine but even rent on a decent apt. is $1,000 per mo. so I'm trying to figure how I would do that and what his obligation is to me and our child financially in the state of Florida. This is holding me back from making my decision. Any advice?
2007-09-26 07:25:00 · 5 answers · asked by Wonder Woman 3 in Politics & Government ➔ Law & Ethics
I want to stick it out for 8 years; no physical abuse or infidelity (that I know of) but lots of yelling and arguing. He is SO greedy, works long hours, doesn't participate in sons functions, gambles, drinks and only cares about his friend money problems!
I have never cheated the IRS; we file faithfully so your right about using the tax returns; I never thought of that.
2007-09-26 07:49:04 · update #1
Son will be 18 in 8 yrs.
2007-09-26 07:49:56 · update #2
1. If you get custody of your child then you will get child support. Garnishing his wages is NEVER an option until after the father shows that he is not ready to pay it without having his wages garnished.
2. The value of child support is based on you husbands wages AND other things based on your states standards for child support values. They have formulae for this. Your lawyer can more clearly define and it is more or less set.
3. Spousal support i.e. alimony, is not commonly awarded anymore. You can still get it if the conditions are right. Your lawyer would have to answer that and you would have to fight it out in court.
4. If you get custody of your child the court may not ALLOW you to move out of state. You do not have the legal authority to remove your child from his father like that unless you have mitigating circumstances. (Read another costly legal battle)
5. Not popular, but if your husband is not abusing either you or your child then you may consider sticking it out until your child reaches the age of 18. Studies show that children of divorce have a great many problems over children who are not from broken homes. Children don't care so much (very self centered and they do not really grow out of that until they have time to mature) about ho whappy thier parents are unless the parents yell and scream at each other on a regular basis.
2007-09-26 07:38:28 · answer #1 · answered by Jeff Engr 6 · 0⤊ 0⤋
Florida has preset amounts for Child Support which are based on both parents income. The judge will determine the amount from this schedule. Since it is a self employed person, income tax forms will probably be used to set the amount. NOTE: If the two of you have been cheating the government in the past, this could be sticky. Alimony may also be added if you are/have been a non-working parent.
2007-09-26 07:40:40 · answer #2 · answered by sensible_man 7 · 0⤊ 0⤋
till such time as a criticism for divorce is filed, the two parent has an identical rights to the youngsters because of the fact the different. on your state of affairs, sure, she would be able to take the youngsters and circulate to north Carolina. in spite of the undeniable fact that, regardless of a driving force's license and different state identity, she will have the means to not be seen a resident till a million year has handed and could not report a criticism for divorce till that factor. If she does, your reaction to the summons is here: Defendent denies all claims of Plaintiff; apart from, defendent prays the courtroom order a promptly dismissal of the pending action as this courtroom has neither very own or subject-remember jurisdiction over the events in that Plaintiff has not resided interior the jurisdiction for the statutory era. then you definately report for divorce in Florida and use comparable language to here: Plaintiff prays the courtroom concern a promptly judgement of non everlasting custody to the father and; apart from, Plaintiff prays the courtroom order the instant return of the minor little ones to the jurisdiction; Plaintiff extra prays the courtroom concern the above order for instant return as a judgement to be issued in prefer of Plaintiff. then you definately can circulate to north Carolina, sign in the distant places judgement interior the jurisdiction the place she is relocated and the undertaking will become considered one of which the courtroom can order the return of the youngsters. till she has favourite residency in north carolina, the abode-state rule does not prepare and jurisdiction remains in Florida.
2016-12-28 04:10:27 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Spousal support depends on how long you were married. A judge can still order him to pay child support regardless of the mismanagement.
2007-09-26 07:33:51 · answer #4 · answered by Anonymous · 1⤊ 1⤋
u should hire a private investigator to figure out his actual income...all his income. you never know what they may find out. it's best to be sure what he makes because through child support he is obligated to pay 20% of his income.
2007-09-26 07:36:46 · answer #5 · answered by Anonymous · 0⤊ 1⤋