QUESTION
If my spouse voluntarily leaves our residence and moves into her own place, am I obligated to pay support?
Asked on Feb 05th, 2013 on Divorce - Michigan
11 ANSWERS
Her moving from the residence will be irrelevant in determining whether or not support is paid.
Answered on Feb 07th, 2013 at 12:35 AM
Jeffrey Bradpiece
Only by court order, then depends on length of marriage, parties income and expenses, whether children, etc.
Answered on Feb 07th, 2013 at 12:33 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You will be obligated to support her if she earns less than you do. The court doesn't care who leaves whom.
Answered on Feb 07th, 2013 at 12:19 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You are subject to the legal obligation until you get a court to say otherwise in a divorce.
Answered on Feb 07th, 2013 at 12:16 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe. Are we talking about child support or spousal support Has either one of you filed for divorce. Does she need support to live? Call the Idaho State Bar and ask for a referral. The answer depends on how you answer those and other questions.
Answered on Feb 06th, 2013 at 11:50 PM
Spousal Support depends on a lot of factors. But the time living separate does not suspend spousal support if court determines you owe it.
Answered on Feb 06th, 2013 at 11:29 PM
Child and spousal support are based on the relative incomes of both parties. You should talk to an attorney in your county to get a better idea of what kind of support obligations you may be facing. California is a no fault divorce state so even if your wife leaves you, you may still have to pay child and/or spousal support. Good luck!
Answered on Feb 06th, 2013 at 11:01 PM
John Arthur Smitten
Assuming you are asking about alimony, that is based upon need, ability to pay, and length of the marriage.
Answered on Feb 06th, 2013 at 10:48 PM
It depends. You have provided no facts. But the one fact you provided,that she moved out, does not mean that you might have to pay support.
Answered on Feb 06th, 2013 at 10:37 PM
It's impossible to answer this question without knowing more about your situation. If you are still married, then the assets and obligations are still community property. If one of you plans to file for divorce or legal separation, there needs to be an analysis of whether your spouse is entitled to receive an award of support.
Answered on Feb 06th, 2013 at 9:16 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depends on the circumstances, call for an appointment and with details.
Answered on Feb 06th, 2013 at 9:12 PM