QUESTION
Does my wife have to pay me alimony and child support if I have the kids more than her?
Asked on Jun 22nd, 2013 on Divorce - California
More details to this question:
My wife filed for divorce. She makes 160,000 a year. I make 48,000 or less. I am like the mother of the house. She works way more hours.
8 ANSWERS
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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You may have a valid alimony claim. Child support depends on the custody arrangement you either agree on or the court determines. Be prepared for your wife to suddenly want the children at least half the time, if not more, and to work less hours.
Answered on Jun 24th, 2013 at 9:32 AM
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If you have custody, even joint custody, it seems likely she will have to pay you some child support under the facts as you have described. You do not mention the length of your marriage or what your wife's profession is, but you may also have an alimony/spousal support claim.
Answered on Jun 23rd, 2013 at 8:48 PM
Spousal support and child support are based on the time you each have with your children and an equalization of your incomes. So, yes. If the information you have provided is correct, your wife should probably be ordered to pay you spousal and child support.
Answered on Jun 23rd, 2013 at 8:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It sounds like you have an alimony claim.
Answered on Jun 23rd, 2013 at 8:47 PM
Yes that will probably happen. You should work out a parenting plan with her. The best way to do this would be through mediation. It is in the best interests of your children that you work things out between the two of you on mediation rather than spending a lot of money on attorneys to fight things out.
Answered on Jun 23rd, 2013 at 8:47 PM
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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First you will want to consult with an attorney ASAP because if she has already filed for divorce, there are very short time frames on responding to the lawsuit and, including filing for any counterclaims (which sounds like at the very least you might want to countersue for child support, alimony, and/or property division). And that is also important because you actually lose all rights to spousal support and property division if such claims are not at least pending by the time the divorce is finalized. As for what you might be entitled to, child support is pretty much by formula (looking at gross income of the parties, some credits for whoever pays child care and health insurance and factoring in primary or split custody).
Answered on Jun 23rd, 2013 at 8:46 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Based upon your respective incomes, you should definitely receive spousal support. As for child support, it isn't possible to answer that without knowing the custodial schedule, but you likely would also receive child support. Both child and spousal support are gender neutral.
Answered on Jun 23rd, 2013 at 8:46 PM
Divorce Attorney serving West Bloomfield, MI
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The Law Offices of Laurel Stuart-Fink, P.L.L.C.
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Child support will be ordered in an amount consistent with the Michigan Child Support Formula. Generally speaking, the Formula factors in respective incomes and respective numbers of overnights each parent spends with a child/children. "Great minds discuss ideas. Average minds discuss events. Small minds discuss people."
Answered on Jun 23rd, 2013 at 8:46 PM