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i am a stay at home mom...for 10 years...he says we can split custody of the kids 50/50...he wont have to pay child support...and i will have to pay him alimony....because i will be ordered by a judge to get a job...can he do that?

2007-10-19 04:20:31 · 33 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

33 answers

I sincerely doubt first of all that HE would get spousal support (as it is usually based on income). Shared custody seems fair, but if the judge awards primary custody (meaning more than 55%) to one parent or the other, then child support is also usually mandated...and again based upon income.

I would strongly urge you to get an attorney or at the very least get some pro bono legal assistance. It sure sounds like you need it...and this is far beyond anything anyone here can give you help on.

2007-10-19 04:28:38 · answer #1 · answered by Brutally Honest 7 · 0 2

Dont go for split custody. You have been the person who has raised the kids for the past 10 years. A judge will also give you alimony for at least a few years so you can go to school in order to get a career. Furthermore, make sure your soon to be x pays healthcare, daycare, extracurricular activities of the kids, etc. Good Luck. And remember that some blessings come in disguise.

2007-10-19 04:30:21 · answer #2 · answered by petra 5 · 1 2

Hes a piece of crap. He told you that the judge will make you pay alimony and your a stay at home mom; no he can't do that. The judge will not order you to get a job, but I guess it will be necessary since you don't got a husband to pay your bills anymore.

I don't believe in revenge, and I don't believe fathers should get they're rights to see they're kids revoked, but you should take full custody. I say this because he only wants his kids so he can't pay child support, and he wants his wife and mother of his kids to pay alimony, what a coward. Take the kids from this guy, and the hell with him.

2007-10-19 04:30:06 · answer #3 · answered by Luvon 3 · 1 2

First, it depends on the state in which you reside.
If you've taken care of the house and the children (and him) for 10 years there is no way a judge will order you to get a job to pay him alimony. If he is found to be a fit parent and wants 50/50 custody of the children he will not have to pay child support but I can guarantee he will have to pay you alimony.
You really need to check with a legal center (check local law schools in your area for free counseling) or a divorce attorney.

2007-10-19 04:29:55 · answer #4 · answered by slave2art 4 · 0 2

You won't be ordered to pay him alimony, you will probably get it for a few months until you can get a job to support yourself and it will be up to the COURT how the custody and support of the children go not how HE dictates it.

2007-10-19 11:29:27 · answer #5 · answered by Anonymous · 0 0

your husband is trying to threaten you. 50/50 custody is hardly ever awarded unless there is abuse present or you agree to it. You want joint custody with you having legal guardianship, after 10 years of marriage he will have to pay alimony and keep providing you with the life style he has during your marriage plus pay child support he is probably forcing you to get a job so he does not have to pay alimony. If you remarry alimony stops. You had a job during your marriage your kids and you can continue that and he will have to pay at least that's the way it is in Illinois. Make sure you divorce papers state he has to pay for 50% of educational and extracuricular activites and daycare when you become retrained and go back to work. Contact a lawyer in your state they offer free consultation take him to the cleaners. Good Luck!!!

2007-10-19 04:35:14 · answer #6 · answered by Virgo Rose 3 · 1 2

Divorce laws differ from state to state. Contact a divorce attorney and get a free consultation. I know in Ct. that the mother will get the house and the kids she will be the custodial parent and the father will be the visiting parent. He will pay for child support the amount depends on income. Also he will pay alimony for 1/2 the time you were married. The judge can order you to work but that's no big deal because you'll have to in order to survive.Hears where it gets good you are intitled to 50% of savings and 50% of his retirement. Contact FAMILY Services in your area and you can get more info plus a state attorney to fight for your rights.

2007-10-19 04:34:58 · answer #7 · answered by Crazy Frog 4 · 0 3

Your really need to consult with an attorney. If you keep both of the kids, you'll get child support and alimony. The judge won't order you to get a job, but you would want to. Best wishes.

2007-10-19 04:31:30 · answer #8 · answered by Dancer3d 4 · 1 1

You are not going to have to pay him anything. Since you are a stay at home mom most Judges will make him give you alimony for a year or two so you can get in the work force. Don't let him bully you, you have rights. Check with your State, they have programs for women in your position, they can help you. Good Luck!

2007-10-19 04:29:16 · answer #9 · answered by kitkat 7 · 1 2

No, he has been supporting u for 10 yrs. He will have to pay u alimony. And most court systems don't like to split u siblings. Most of the time the mother will get the kids. Unless the court system finds them an unfit parent. Which is unlikely in ur case. Tell him to take u to court that u will get the kids an he will have to pay for u and the kids. And if u have a house together that u will get that to. Good luck i hope everything works out for you. I hope ur husband is not cheating on u also. My heart goes out to you good luck.

2007-10-19 04:31:20 · answer #10 · answered by ranger33 3 · 1 2

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