QUESTION

Am I entitled to spousal support as well as child support and when would that have gone into effect?

Asked on Sep 08th, 2013 on Divorce - Florida
More details to this question:
My husband and I have been married almost thirteen years. He took a new job out of state before Christmas last year. While he was back for the holiday he told me he wanted to separate. He left the day after. We have three children together. One has graduated college, one is currently attending college and the third lives with me and has just started his senior year of high school. He stated recently that he was starting the divorce process. Would the fact that he just left constitute abandonment? He's asked for my home and work address. Why would he need my social security number?
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5 ANSWERS

Chapter 7 Bankruptcy Attorney serving Salt Lake City, UT at Linda D. Smith, P.C.
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If your husband took a job out of state you would probably have a hard time claiming abandonment, and it probably doesn't matter anyway. If he files for divorce you will be entitled to child support but only for the child still at home. Child support is available until age 18 or until high school graduation whichever is later. I don't get the 13 year marriage and college age kids, I assume you had children before you married or this is a typo. If it is a 13 year marriage then the longest period of time you would be able to collect alimony would be 13 years ("not longer than the length of the marriage"). The court will look at your income, his income, your expenses, his expenses, and then whether you have a need for help and he has the ability to pay.
Answered on Sep 12th, 2013 at 9:40 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You will be entitled to child support for the youngest child until he or she graduates high school. You might get spousal support if you have been out of the work force for a while and need some help getting back into the workforce. He needs your social security number because the court keeps track of this information. It is not part of the public record.
Answered on Sep 10th, 2013 at 10:51 AM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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There is no law that provides that an award of child support bars the recipient from being awarded alimony. In theory, while the factors that influence an award of child support and an award of alimony do somewhat overlap, alimony and child support are largely considered independent of one another. Utah generally determines child support based upon a statutory mathematical formula (See Utah Code Title 78B, Chapter 12). Alimony is not based upon a statutory mathematical formula; instead, alimony is based upon demonstrating need for alimony and then demonstrating that your spouse has the ability to pay alimony. So one of the ways that child support affects alimony award is fairly clear: if the spouse has to pay child support to the other spouse, that leaves less money available to be paid in the form of alimony. But there is no law that provides that an award of child support bars the recipient from being awarded alimony.
Answered on Sep 10th, 2013 at 9:23 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Get a good divorce attorney, child support in Michigan will only be available for your youngest until graduation from high school, spousal support on the unique circumstances of the case. Spousal support and child support start and are not retroactive prior to filing the case. Make it happen. You have already blown 9 months of support.
Answered on Sep 10th, 2013 at 8:12 AM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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You need to talk to a lawyer in your area immediately. There are too many issues to address in this short space. He may try to assert you abandoned him by refusing to move where he could get a job.
Answered on Sep 10th, 2013 at 7:52 AM

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