If a woman with two kids (age 2 and 6) ask for a divorce, does her husband have the right to say no for support? Or can he take away the kids from her? What is his right? And what is her right? Will it make it worse if she's the one that asking for divorce instead of mutual? And will it be worse that she already have a new man in her life? Any divorce attorney can answer this for me please???
2007-11-21 07:59:49 · 9 answers · asked by lilly_0578 3 in Family & Relationships ➔ Marriage & Divorce
For info, it wasn't me cheating. But it is my husband cheating on me with a man's wife two kids.
2007-11-21 08:24:23 · update #1
Well first of all, whoever has custody of the cildren is entitled to some sort of child support from the other. So if your soon to be ex husband is awarded custody, then you would be required by law to pay child support the same as him if you had custody. This is rare however, because short of a drug problem, mental illness, criminal history, etc etc, most kids are usually awarded to the mother.
Any particular reason why, after bringing a 6 year old and a 2 year old into the world, you're willing to turn everybody's world upside down by getting a divorce? Understand that no matter what you end up doing....NOBODY will win.
2007-11-21 08:05:20 · answer #1 · answered by ? 5 · 1⤊ 0⤋
I'm handling my divorce review, and I'm ready to go in full custody. I'm 44 with three children, two of them 8 and 5.
The first party to file normally asks for primary custody. The respondent can counter full custody but doesn't have to. After that, both sides present to a judge.
With kids involved, you HAVE to get a lawyer. Both sides will usually be approached by a court-appointed mediator prior to trial to ensure that divorce is the option, and decide on a parenting plan. If one side is belligerent or not responsive to the children's needs in that meeting, it's suicide.
Since divorce is possible by "irreconcilable differences", it does not make any difference whether one party wants to stay married or not. What DOES matter is if one party has been abusive, in serious legal trouble, neglectful or irresponsible about the children, or shows signs of mental illness that can affect the children's well being. Income is also not usually a factor, though the court will place the kids with the parent who is gainfully employed over an unemployed parent.
If she appears to be getting a divorce just to have the sexy new guy, and she showed signs of having the relationship prior to filing, that could be helpful. But the real kicker is finding dirt on how she isn't a quality parent.
You should do the free 30-minute consult with a real divorce lawyer, and shop for one who is younger and hungry to make a name. Hiring a name lawyer costs big money, and usually family law on typical citizens won't get him a bigger paycheck so he/she won't take your case as seriously. My jackass lawyer on the divorce three years ago messed up my children's names on the stand.
2007-11-21 08:31:02 · answer #2 · answered by Your Uncle Dodge! 7 · 0⤊ 0⤋
I am not a divorce attorney, but a divorced woman.
If you are filing for divorce and already have another man in your life YOU ARE IN SERIOUS TROUBLE.
It means you have committed adultery. Judges don't like that. It is illegal and trashy. It means your boyfriend is trashy, too, since he doesn't honor marriage either.
In a divorce, what state you get divorced in determines the law. I don't know about your state.
I will tell you this, if you want to keep your kids and keep your house, you better lose this bf.
Your husband gets one picture of you together, and you could lose it all.
If he can prove that you were hurting your kids, by carting them around to see your bf, or neglecting them, he can get custody.(You have to be BAD, like a drug addict or nuts!)
If you are asking for a divorce, you better have a good reason. He can fight you, drag you through for a long time, waste a lot of money.
He can try to fight against support. Usually, if you have been staying home, he will have to pay child support and alimony for say 3-4 years, to get you through college or otherwise employed. Child support is for YOUR KIDS, not you.
He can contest it, if you want to get divorced to monkey around with another man. He might get it.
My suggestion: Lose the bf at least temporarily.
Be nice to your husband. For about a month. Go to the bank and take half the money. Charge up half the credit cards(buy a car or bed), and move out while he is at the store. Take your kids.
Take only what you need to live for a couple days.(take picture albums) Take his guns.
Then have the police escort you to the house in a few days and pick up the rest of your stuff.
Return his guns to him in front of the police. Have him sign for them.
Do not contact bf for at least a month after your divorce is FINAL. Do not let him around your kids or be seen in public.
Grandmothers can even get custody, if you are a real scumball.
Call a lawyer and lose the bf.
Then take care of your KIDS, and not some POS man.
2007-11-21 08:16:11 · answer #3 · answered by Lottie W 6 · 0⤊ 0⤋
She can file for divorce and custody of the children he has no right to say no to support even if she has a boyfriend-they may end up with joint custody which is also OK.He can try to take the kids away but there has to be a strong reason like she uses drugs or neglects the children .
2007-11-21 08:18:01 · answer #4 · answered by Lunaeclipz 5 · 0⤊ 0⤋
As it stands it depends on who the children are awarded to as to whom gets the support and whom pays. As for the kids going to mothers more than fathers...there is increase in the fathers getting the kids. It does not mean that either parent is bad. But judges are looking at it both ways. This is not a trend it is fact. But think about this action before divorcing....the kids hurt the most from this...do not be think of only yourself when it comes to things....
2007-11-21 08:11:46 · answer #5 · answered by taljalea 5 · 1⤊ 0⤋
Depending on who will be awarded the custody of the children. If the woman gets them the man will be forced to pay support. If the man gets custody which is very rare and the woman has an income then she will be forced to pay support.
2007-11-21 08:06:04 · answer #6 · answered by Anonymous · 1⤊ 0⤋
He can't refuse to pay child support unless he wants to go to jail. Until you have a court order, it's my understanding that whoever has possession of the children gets them, but he almost certainly won't win custody of them in court. I don't think it really matters who's asking for the divorce, but it's not going to look wonderful that there's already a new guy.
2007-11-21 08:07:39 · answer #7 · answered by Jenn 3 · 0⤊ 0⤋
every conflict has a resolution. so there is no limit for problem solving. i hope that you maintain your marriage. separation is bad not for you but for your kids
2007-11-21 08:08:04 · answer #8 · answered by Anonymous · 1⤊ 0⤋
I don't know much about this stuff. I do know that I like turkey gravy on my bird.....
2007-11-21 08:03:02 · answer #9 · answered by Anonymous · 0⤊ 2⤋