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I am miserable in my marriage but am only staying because I can't afford the house we have by myself. I also have three children of my own. I get no child support from my first child that i had before my marriage. We have two together. Just feel stuck financially and just want to be happy and my kids to be happy. How do I know if I file that I can keep my house and afford it? That's my only worry.
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If you have minor children, depending on their placement, your husband will be court ordered to pay child support; for the two children of the marriage, if you have primary placement (more than 75% of the time counted as overnights), your husband will be court ordered to pay you 25% of his gross monthly income, by income assignment. If you wind up with a shared or equal placement arrangement, there is a different formula that calculates support that compares the percentage of time you both spend with the children, and how much money you both make, calculated from your respective gross monthly incomes.
You may also be entitled to maintenance (spousal support), depending on the length of your marriage. You did not list how long you married, but if you are a stay at home mom and your husband has been the primary provider, and you are married ten years or more, in addition to child support, you may be eligible to receive maintenance payments from your spouse.
Your home is treated as property. The court can consider awarding the family home to the parent who winds up with the majority of placement. The equity is determined by the current fair market value minus the current mortgage payoff. If you want the house, or the court awards you the house, you will be responsible for making the monthly mortgage payments, all upkeep, maintenancae, property taxes, and insurance. In addition, you will be obligated to pay your husband for his one half equity share and refinance the mortgage over time, to get his name cleared. You and your husband could agree on a delayed sale, where you stay in the home and raise the children for a period of time and down the road, agree to sell the house; under that circcumstance, you would remain joint owners (usually what is referred to as "tenants in common") and the cost of maintaing the house, including the mortgage, could be divided between both of you.
You are well advised to consult with an experienced family lawyer before proceeding with a divorce to make sure you have a full understanding of all your rigths.
Answered on May 09th, 2016 at 4:01 PM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com