Is there a limit to how much my wife can take from me?

Question

me and my wife are divorcing after 6 years.
Im active duty
Shes crying about spousal support now.
Will I have to pay her alimony?
I thought they stopped that
Our kid is 3

I only bring home about 2800/monthly
Is there a limit to how much my wife can take from me?

shes talking about all this stuff, and when I add it up its going to leave me with nothing.
Can she do that?
Child support is about 700
Will I lose my BAH when they move, or only half? 400 or 800?
She says I have to pay for her health insurance 200
And then she says I have to pay half of
whatever child care is -- like another 300

thats already half my check

Now shes talking about spousal support?
Is there a limit of how much can they deduct?

Will I have to actually move back into the barracks?
Ive heard of it but never actually saw how much damage a wife can do

If Im stuck with only 1500 after everything for my kid
will they keep taking to pay her alimony

she didnt work because we have a kid

will they make me pay spouse support
and can I really get left with pulling in like 800 a month
when I use to make about 2800?

Or is she just talking crap to me?

Answer 1

First I highly doubt that you'd have to pay that much in child support for just one child. You simply don't make enough to justify that amount. Second when you are divorced you do NOT have to pay for your wife's insurance but you would for your child....since you are active duty just make sure you are on tricare prime and that means you aren't going to pay anything for your kid. Childcare you probably will have to split but sometimes that's included in the childsupport. BAH you shouldn't lose b/c when you have a child that is a dependent that will be visiting you then you are supposed to have a place for that child....barracks is NOT the place so you will keep it. Your wife is NOT entitled to that money b/c it is part of your allowance money. Now you may have to pay spousal support. But the way that that is done nowadays is it is a small amount and for a short amount of time....not indefinetly. So basically your wife is stupid if she thinks you are going to be supporting her and she's just running her mouth off.
Get to JAG asap and get the name of some divorce lawyers and get the ball rolling to get rid of this woman (and I use that word lightly) Just make sure in the meantime you are paying for your kid. Use a check so you can prove that you paid. NEVER give her cash without a receipt! Never trust anyone with cash especially an ex or soon to be ex. She'll try and screw you over if she can so keep records of everything!

Answer 2

YOU need to get an attorney NOW. Look in the yellow pages or ask around for an attorney that knows military regs when it pertains to this. She is yanking your chain, but it may all become a reality if you don't get a good attorney to look out for you. If you just sit back and sign whatever her attorney gives you, you will be taken to the cleaner. You will need to pay childs support and the family court will decide how much that will be. Her medical is going to be her responsibility once you are finally divorced. Alimony is up to the judge but if any it should be a fixed amount up front or maybe a small amount each month for like 6 months. You were only married 6 years and your child is only 3 now. No free ride due to those two factors. She will need to get a job and the child will need to go into day care or between you two to be cared for.

YOU WILL GET SCREWED WITHOUT YOUR OWN ATTORNEY. Most of them will take payments over time for service so you better start looking before it is too late. They can also only take money from your base pay not your BAH, BAS and any other special pays you have. If you live in the Barracks you will lose all BAH.

Answer 3

She can ask for anything that she wants but getting it is a different matter. She is asking for everything as a negotiating point and then she may get more when it is over. The Child Support is about right; most states figure 20%-25% of monthly income for a only child, they use a scale with additional childeren being a lower percentage. The spousal support would be unusal to be granted by a judge unless it was for limited time until she finds a job, the day care is really unheard of in most states, insurance would be through the miltary dependant program for the child. You BAH will be reduced to the amount of child support you get, this was the norm and I think still done but you will no longer be wuthorized to live off base and would be moving back into the barracks. If you don't you would go to BAH single rate but the child support mmonet would still come out. You don't get the partial for child support and anything more ten what the difference in the child support and what you would get at the single not the married rate. Everything above is decided by the judge, civilian not military, but soulnd like tis is mostly her threatening and talking. You should talk to the leagal officer and get a lawyer.

Answer 4

The court will demand of you to support your child. If you can move into the barracks as opposed to a home off base, then, yes, the BAH will disappear, completely. The additions to your pay check for housing BAH, and BAS should never have been considered a part of your base pay. They are extras given to assist you for food and a place to live. If you don't need them any more, they go away. Your child support and any alimony will be based on your base pay. Your in pocket money could very well drop to 1 or $200 a pay period and the rest goes to her for alimony and child support. Your best bet is to get a lawyer and find out just what your rights are. Don't listen to her, get an expert, a lawyer, who knows the full scope of the issues at hand. Having been through it myself, there are no "cookie cutter" divorces. Everyone is different with different aspects to be considered. One point for you, IF you can show that you child would be better off with you, than with her, then you could win custody of your child. That would then put her in the position of paying you, child support. It is not a 100% gaurantee that she gets the child, it is up to the court whom the child would recieve the best care from. While it might be an uphill battle for you, it is possible. If you are subject to spending time overseas, then leaving the child with your parents might be an option for you. You would have to prove that the child is better off with you, that in some way your wife is unfit to be a good parent for the child. Don't roll over and play dead in this, fight it as best that you can, but with a lawyer.

Answer 5

First: NO. Spousal support is NOT required. That is up to the judge in your case.
Second: Child support for YOUR children that you have together is your ONLY responsibility. Again, determined by court. Step-children you do not pay for in any way.
Third: the ONLY medical that you will have to pay for is YOUR children---NOT the wife, NOT the children that you did not father.
Fourth: BAH will be a partial BAH. I believe it's called BAH II or Differential. She will NOT receive all of your BAH.
Fifth: childcare will be determined by the court as to whether you pay some or all. You SHOULD pay half so that she can work and not whine about not having any money to support the children.
Sixth: You may or may not be required to live in the barracks. You have a child in which may stay with you on weekends, holidays, etc....you can get permission to stay off Post. Also depends on your rank as well.


AGAIN: she can/will ONLY get what she can get from a judge. SHE is not entitled to ANYTHING----only your child. Get a good civilian attorney----JAG will not assist in civil matters like this. Protect yourself financially and legally. Good luck!

Answer 6

The simple answer is it will depend..on several things. First, is the state you live in. If you live someplace that requires you to be legally seperated for a set amount of time before you can file for divorce, you will more than likely have to pay spousal support...at least until she finds a job. Paying part of daycare costs is a normal part of child support orders, so I would be prepared to have to do that. Your child will be covered by your military health insurance and your spouse will keep her coverage until the divorce is finalized. The issue of moving back into the barracks may depend on a few things...your current rank and if you will have visitation with your child/children on a regular basis. If you will have them on weekends and/or over holidays (and this will have to be in a court approved custody arrangement, not a simply verbal agreement) you should be able to stay in off base housing, at the dependent rate, since you can not have children stay in the dorms.

Child support is usually a set percentage of your income, with the percentage increasing if you have more than one child. Spousal support is often based off of how much financial support you provided and how much your ex earns. Again, this will be determined by the court. Once a determination is made, you will turn the court orders into finance and they will automatically deduct any support payments from your check and deposit them in her account.

Unfortunately, what you are quoting is not all that unusual. I would advise getting an attorney that has handled military divorces before and look into the laws surrounding divorce and seperation in whatever state she plans to file in. Also, be sure to make an accurate list of all the items she takes from the home that could be considered joint property. Of course, all the items from your child should be listed, but on a seperate list. The joint list should include electronics, furniture, appliances, vehicles, etc. Also, be sure to keep cancelled checks or statements from any bills that you pay on any items she has taken with her..car payments, car insurance, credit cards with both names, mortgages. This will help the courts know what you have already paid and given her and will sometimes use these figures to adjust any spousal support.

Answer 7

how much she gets, if anything, in alimony( and for how long she is entitled to it) is ENTIRELY dependent on the state's law in which the divorce becomes final.

You will lose BAH w/D when the divorce is final UNLESS you get at least 50% PHYSICAL custody. You would get BAH Diff to help offset the cost of Child Support, and it can be part of the agreement to cover the kid(only) under Tricare. SHE will not be eligible for medical care once the divorce is final. Again, payment of child care expenses may also be something you would have to pay part of, at least at first.

Your best bet is to get a GOOD lawyer versed in your state's Family Law to make sure you do not get taken advantage of.

it was HER choice to not work or get an education, and she cannot be expected to live off of you indefinitely afterwards. In most cases, alimony is finite, never more than a year or so.

Answer 8

Until you go to court, there is no possible way that anyone on here can tell you what the judge is going to give to you or your ex wife. As for the guy that said he made more flipping burgers and the guy who said you are underpaid. If your taking home $700 a week, that equates to about $52000 a year and that's not bad (if they made more I would like to know where, and if they are hiring). Child support covers all cost of the child except medical, and you being in the military you don't have to worry about that. Expect to pay 17-22% of your take home to child support.

Answer 9

Dude, I made that when I was flipping burgers. I think it's based on what state you divorce in and what their laws. I'm not sure if she can play the whole "stay at home and raise the familly Army wife" shi-t becasue technically, the courts see these wifes as victims who are forced to give up their lives to raise a man's kid meaning otherwise she could have provided for herself. Also, I know you make so little per month now right, but you need to ask if for instance you leave the military and begin making the big bucks elsewhere, will you be required to pay more childsupport or spousal support based on your new income.
in any case....there is no excuse NOT to work because she has a kid. No family can make it on what you bring home

Answer 10

you will pay child support but that will be all if they do make you pay "alimony" it will be based off your base pay not take home so any additional amounts you get for being deployed or stuff like that they will not touch. if your base pay is 2800 and they take 700 for child support they may take another 500-600 for her but more than likely they will not you haven't been married for 10 years so she can't touch your retirment thankfuly. She can talk all sh ewants but she's SOL if she thinks she can break a soldier just by crying she wants his money if she wanted it that bad she should have stayed married to you.