we have been married for 6 years, I am 30 she is 29. she worked for 3 years make\ing around 30,000 a year. We had a baby 3 years ago and she quit her job to stay home with him. now she wants a divorce and I am taking full financal responsibily for my son. and we are spliting custody of him 50-50. She is fully capabile of working. I live in colorado.
2007-10-18 06:23:10 · 8 answers · asked by json 1 in Family & Relationships ➔ Marriage & Divorce
Maintenance as in Child Support of Spousal Support/Alimony?
Child Support- It depends on how much money you make. If you earn more than she *has the potential* to make then yes. If she has the potential to make more than you then you could receive support.
Courts base it on how much you have the potential to make. Otherwise, you would get some parents who leave $100,000/yr jobs and get a job at McDonald's to avoid writing a huge check to their ex!
Spousal Support- not going to happen. As far as I know, some states have a 10 consecutive year minimum for unemployment and others have 5 yr. Either way, she hasn't met the minimum and is fully capable of working.
2007-10-18 06:36:27 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If she isn't working, and your child is three, she could get temporary spousal maintenance and child support. Even if you share custody 50/50. This may also depend on state laws. Consult an attorney asap. Keep in mind, since she isn't working her attorney might go after you to pay her attorney fees as well.
2007-10-18 06:37:44 · answer #2 · answered by nbuck11 2 · 0⤊ 0⤋
Seek the advice of a lawyer but if you two made the agreement that she would stay at home and take care of the child then what exactly has changed? I guess it depends on why she wants the divorce.
2007-10-18 06:27:30 · answer #3 · answered by tjnstlouismo 7 · 0⤊ 0⤋
She might get spousal support for a few months, until she gains employment. Obviously she is able to work the court will most likely order she get support for maybe 6 months which is ample time for her to secure some kind of employment to support herself on
2007-10-18 06:45:13 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I don't know what the laws in your state are, but if she is the one seeking divorce, I doubt that the courts will give her spousal support, but of course you will pay child support. I would contact a good lawyer and make sure your rights are upheld.
2007-10-18 06:37:17 · answer #5 · answered by LIPPIE 7 · 0⤊ 0⤋
Thing are different with states, situations. Consult a lawyer
2007-10-18 06:30:28 · answer #6 · answered by Anonymous · 0⤊ 0⤋
She needs to go back to work. She might use the kid as an excuse but when he starts school her behind needs to go to work.
2007-10-18 06:32:42 · answer #7 · answered by Pinolera 6 · 0⤊ 0⤋
lol.. Im sure she get maintence..or find a nice guy to take care her and babe.. its not hard...lol or she'll find the better job..
sorry to hear that..
why she wants the divoice,.. did u cheat on her???...lol
2007-10-18 06:37:18 · answer #8 · answered by back2future 5 · 0⤊ 0⤋