QUESTION
What is the law if my boyfriend is going through divorce while we have a six-week old baby?
Asked on Sep 12th, 2012 on Divorce - California
More details to this question:
Does his soon to be ex-wife have any rights? Will he have to pay her alimony?
17 ANSWERS
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Whether alimony will be required is a function of that marriage. Without more information there is no way to say.
Answered on Sep 19th, 2012 at 3:20 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Your boyfriend's wife has no rights to your child. Whether he has to pay her alimony or not depends on the facts in their case, which you did not state.
Answered on Sep 19th, 2012 at 3:20 PM
Your boyfriend's ex-wife has no rights to your child at all. Alimony solely depends on her need and his ability to pay, so it depends on what she is asking for and what he is aable to pay if the court decide alimony is to be awarded.
Answered on Sep 19th, 2012 at 3:19 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If your question is about alimony, known as spousal support, in California support is based on relative incomes so he could be required to pay her spousal support.
Answered on Sep 19th, 2012 at 3:19 PM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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That is an extremely complicated question. I suggest you consult with a family law attorney as soon as possible. There are a number of factors considered by the Court in making a determination of spousal support.
Answered on Sep 18th, 2012 at 11:48 PM
His soon to be ex-wife has no rights re. the child you have with him. As to the issue of spousal support, that depends on a number of factors including both their work histories and current income.
Answered on Sep 18th, 2012 at 11:40 PM
The fact that you two have a child together only affects how much child or spousal support he may have to pay his wife. spousal support is based on a balancing of both parties' incomes. The closer they are in income, the less the amount of spousal support will be. If he has children with his wife, he will be required to pay child support.
Answered on Sep 18th, 2012 at 10:05 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The father's wife has no rights to the child. What he will have to pay is strictly a matter of the financial situation in his marriage and has nothing to do with you having a baby.
Answered on Sep 18th, 2012 at 9:57 PM
Your baby should not affect his divorce unless he has children with his ex-wife (then it will affect the child support calculation). She will have no rights to the baby. Whether he owes her spousal maintenance is completely separate, and depends on statutory factors, including their incomes and expenses. The fact that he had a baby with you while he was still married to her does not give her "extra" rights.
Answered on Sep 18th, 2012 at 8:14 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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His wife has not rights in the child born to you and he. Without knowing more, it cannot be determined if he will be paying alimony to her. If the marriage was relatively short, he would not.
Answered on Sep 18th, 2012 at 8:04 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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The fact that he has a six week old child with someone else has limited impact on the wife's right to receive spousal support. The primary factor for the court to consider is length of marriage and earnings of the parties.
Answered on Sep 18th, 2012 at 3:58 PM
Barbara A. Fontaine
You and he have rights to the child, no one else. She may be entitled to alimony, as your boyfriend obviously committed adultery during the marriage. but that depends on many factors, which I cannot know from the information given.
Answered on Sep 18th, 2012 at 3:56 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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His soon to be ex wife has no rights as to the minor child (in contrast to the fact that if you were a guy you and your friend was the wife.. the ex husband is presumed to be the father under michigan law)The question of alimony is separate and depends upon the disparity in finances, length of the marriage, and fault (ok so the fact that he had a baby out of wedlock may be a small factor) but generally alimony is reserved for long term marriages where one spouse substantially out earns the other.
Answered on Sep 18th, 2012 at 3:50 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington, your child can be a factor that helps him have to pay less child support to his soon to be ex wife and it can be a factor when the court decides maintenance.
Answered on Sep 18th, 2012 at 3:49 PM
The ex-wife has nothing to do with the your child. As for whether or not he has to pay maintenance to the ex-wife depends on various factors, such as the length of their marriage, the employment status of both parties, as well as the yearly income of them both.
Answered on Sep 18th, 2012 at 3:47 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Your boyfriend's soon to be ex-wife will have no rights concerning your baby. He may or may not have to pay alimony depending on the facts.
Answered on Sep 18th, 2012 at 3:47 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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The divorce proceeds as any divorce would. The husband and wife will divide assets and debts and if the wife is entitled to spousal support yes she will receive it. If there are children of the marriage custody, visitation and child support will also be addressed. As for the new child of husband, wife has no rights as to the child.
Answered on Sep 18th, 2012 at 3:45 PM