Divorce question? Who pays for what?

Question

I am planning on divorcing my wife. She is unbearable. I am active duty Navy, and she has been diagnosed with severe depression, and I just cant't deal with it anymore. we are always broke because she spends money without thinking. We only have one car (because my truck's engine blew up), and I am trying to save the $1,400.00 for that, but with her spending habits, I can never do it. Here's my question, My total bills are about $800.00 in credit card debt. Her bills are two student loans for about $12,000.00 and a car loan for $16,000.00. All of her bills are in her name only, and I am not a cosigner or anything. Am I legally responsible for those bills after the divorce? We also have two great kids, 20 months and 8 months old. What am I looking at child support wise? I want custody, but chances of that are slim because I'm a man. But I think that she's unstable. She lost her job as a daycare provider for "putting children in an unsafe environment" and with her medication/depression

Answer 1

It depends on what State you live in. Normally, it is all negotiable. It depends on how much you want out.

If she is unstable, you have a very good chance at getting full custody of the kids. 20 years ago it was true that custody almost always went to the mom, but not anymore! Plus, you have the incidence of her "putting children in an unsafe environment" on your side. If she got fired as a daycare provider because children were not safe with her, you should be able to get your kids with no problem!

You have a very good argument for her paying her student loan and car payments.

If I were you, immediately close all joint accounts, especially credit accounts. That will keep her from wracking up new debt in your name.

Answer 2

Depending on what state you are in and when she took those loans out you may be responsible for half of them. You may want to discuss that with your attorney or jag officer. They can help you with the state based specifics. If you file for full custody and can prove that she is unfit then you have a good chance at it being awarded. If she is putting other people's children in danger I'm sure the judge will take into consideration that she probably is less cautious with yours as well.
Child support all depends on how much money you make. If you go for full custody though, you probably won't owe any.

Go to www.alllaw.com and click on the child support calculator on the left put in your information and it will give you an estimate of how much your child support payments would be.

Good luck and fight for your kids! So many men think that they won't get custody and don't even try for it, then they complain when their ex won't let them see the kids or when she calls asking for money. Don't be one of them!

Answer 3

omg, Child support is going to eat you alive. I was in the Navy and I have met many people that pay a lot in child support. This one guy was ordered to pay 1100 dollars a month for one child he had before he got married. He is married now and him and his wife have four kids together. Poor man was only an E-4. As far as spousal support depends on how the judge is feeling that day. Some judges order spousal support while others say the wife is young she can get our there and work.
Good Luck.

Answer 4

Depending on what state you are in, she is entitled to at least 20% of the income for child support. It doesn't matter who's name the bills are in, if when the loans, cards, and car were gotten when you were married. I think she will have to pay for her education, and as far as the car, Don't u want to make sure your kids can get to the dr? If she's unstable as u say, Why not try to get her professional help. If she depressed, it's not her fault! Why not try counseling first?

Answer 5

From my divorce here is what I know, if you both have bills since you have been married you are both responsible for them, it doesnt matter who's name they are in. If it is something you accumlicated before your marriage she is responsible for her's and you yours. As far as the kids...men are getting custody a lot more often then before. Fight for your kids dont assume your wife will get them, I Know for a fact...you can try for joint custody but you having physical custody, which means they live with you. Child support is usually based on how long they are with you and how long with the mom, if you cant get full physical custody try for as many days as you can, that keeps the child support down. Do what is best for your kids no matter what....good luck, if you get a good attorney she will know what is best for you. If you can save money (cash) put it away or have someone hold it for you..or get it in a cashiers check, believe me going through a divorce with children, is very expensive.

Answer 6

Welcome to the 2000's. Dads get custody alot more now. Talk to a lawyer don't wait!! If you already have proof that she was fired from a day care job for putting children in unsafe environments, you already have an upper hand. She is also on meds which can affect how she acts. You need to get a lawyer and see what options you have. She is unstable and you need to help your kids out of this situation. Good luck to you Dad.

Answer 7

Well as far as child support depending on your state it's 29% I believe for two children. As far as bills go, if you both can agree on paying or spliting bills that's better. What she has in her own name she is responsible for. The only way you would be legally responsible for them is if she files bankruptcy. Then the collectors could come after you because as we all know marriage is 50/50. If she is mentally unstable then you would have to have your lawyers dig for medical records to prove that she is unsafe to herself and her children. However, men don't always have the advantage of that. It depends on your state again. Good luck!

Answer 8

In California, it depends. If you both make a similar salary than each of you are responsible for your own divorce expenses. You can get custody of your kids if you can prove that your wife is an unfit parent. Which from your description sounds like she is.. As far as the bills in her name, you are not responsible for them. Keep in mind, since she is not working she may seek allimony from you.. But that's all based on the number of years you have been married. Child support is based on both of your incomes and the percent of time you have the kids. I hope this helps. Good luck!

Answer 9

I agree, there is not any reason the two events shouldn't proportion procuring dinner the different time. As for divorce, I stay in a community sources state the place each little thing is chop up down the midsection and there is not any alimony except specially agreed upon, so in case you got here into the relationship with greater, you will possibly greater constructive get a prenup, no remember which companion you're. maximum folk of girls human beings in my state artwork, so their money is likewise secure in this chop up. while young babies come into the combination, except there is a few quite stable reason against it, twin custody is in basic terms approximately continually presented and the youngsters spend an equivalent quantity of time with the two mom and dad. This schedule is likewise worked out earlier each little thing is finalized.

Answer 10

The guy pay for all expenses unless the wife has a job and then after that the guy pays and pays and pays, but it sounds you can prove her unfit without a problem (a good lawyer can see too that). Good luck the courts eyes are opening up so dont just give in thinking this is how it goes.