QUESTION
If he makes 55,000 without overtime, but brought home 75,000 in 2012, will it be considered when the judge figures child support and alimony?
Asked on Feb 06th, 2013 on Divorce - Florida
More details to this question:
I am a disabled homemaker going through a divorce and my husband is absolutely refusing to pay alimony. He is capable and usually does, make much more than just his regular hourly pay. If we were to go to court, would a judge take that into consideration, especially considering I am disabled? My 14-year old daughter only wants to stay with me, so trying to get her is out of the question for him. He has to pay at least child support. Is there a way for me to hire an attorney based on him having to pay when the case is done? I don’t have $5000 bucks to go hire an attorney, neither does he for that matter. He does have the resources to borrow it if need be. I don’t want to end up with him having an attorney and me not. Right now, we have agreed to use a reputable online service to help with papers because neither of us have the money to hire an attorney. We do not have anything but the house to “distribute” anyway. It’s just getting nasty because I need spousal support because I am disabled and he does not want to pay it. Thank you for any helpful and non-impudent answers you have.
11 ANSWERS
Family Law Attorney serving Ridgeland, MS
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Thompson Law Firm, PLLC
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Yes, all income and earning capacity is considered.
Answered on Feb 10th, 2013 at 11:30 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You have a good case for demanding spousal support, and you can argue to the judge that his overtime is consistent, so it should be counted. You would prove that by showing that he has been earning overtime for several years. Very few lawyers ask for $5,000.00 up front for a relatively simply divorce. Here in Madison perfectly qualified lawyers ask for half that, more or less.
Answered on Feb 08th, 2013 at 4:20 PM
Domestic Relations Attorney serving Covington, LA
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Rivers, Nelson
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All recent income is considered in determining child support and alimony, including overtime unless he can show that there will be no more or reduced overtime income. Not all attorneys require the same retainer, and I'm sure you could find a good attorney for far less than $5000. Beware of online services. The legal requirements of these issues can be very specific and complex.
Answered on Feb 08th, 2013 at 4:20 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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All income, including bonuses, will be considered for calculation of spousal support. Consult with an attorney to discuss your options further including payment of attorney fees.
Answered on Feb 08th, 2013 at 2:44 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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By the time this finishes out you'll most certainly need an attorney. As soon as you ask for spousal support and child support he will end up fighting your requests. Therefore you may as well engage an attorney now and petition the court to have him pay for your attorneys fees in order for you to be able to prosecute the matter. This sounds like a very strong spousal support case!
Answered on Feb 08th, 2013 at 2:44 PM
Civil Rights Attorney serving San Bernardino, CA
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Anyiam Law Firm Inc.
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Yes, the support payments are calculated on total income.
Answered on Feb 08th, 2013 at 2:43 PM
You can get assistance from the family law facilitator or local attorney with a low consultation fee. You are entitled to support and should be asking for it now. Any online assistance is of questionable value since each family law case is determined on its own facts. You need a knowledgeable professional to interpret those facts in light of what the law says.
Answered on Feb 08th, 2013 at 2:41 PM
Given your situation, you really do need to have an attorney for this. You are asking for alimony and your husband is not going to want to pay alimony. This is going to require more than one court appearance, numerous pleadings, and a lot of procedural knowledge that no online service is going to be able to impart to you. To answer your specific questions: Yes, the court will take into account your husband's overtime. You may be able to find an attorney who will take your case and try to get his attorney fees from your husband, but it probably won't be easy to do so.
Answered on Feb 08th, 2013 at 2:40 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You get what you pay for in this world. Use an online service at your peril. You need hearings for alimony child support and attorney fees. The online services are document preparers that do documents in a general way. They dont file the documents for you. He earns enough to pay towards your fees.
Answered on Feb 08th, 2013 at 10:43 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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All income is considered when making child and spousal support orders. If he regularly works overtime, that should be considered. As for an attorney, the court can ordered payment of attorney's fees and not all attorneys require $5,000.00 up front. Speak with an attorney in your area and discuss your financial situation with him/her. It may be possible to work something out.
Answered on Feb 08th, 2013 at 10:43 AM
John Arthur Smitten
Consistent, pattern overtime, yes.
Answered on Feb 08th, 2013 at 10:37 AM