QUESTION

If I keep this baby, what are my rights as far as child support, alimony etc.?

Asked on Dec 13th, 2012 on Divorce - Ohio
More details to this question:
I’m a 30 year old woman and mother of a three-year old. My husband and I have been married for five and a half years. My husband wants a legal separation and I just found out I'm pregnant.
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8 ANSWERS

Family Attorney serving Sacramento, CA at Peyton & Associates
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Question 1: Why does your husband want a legal separation rather than a divorce? do the two of you plan on actually divorcing in the future? If so, don't waste your time and money on a legal separation action and then later pay for a divorce action. Question 2: Is the 3 year old the biological child of your husband? If so, he has a duty to pay child support which can be handled through the Department of Child Support Services in your county. If the child you are carrying is also your husband's biological child, he will be required to pay child support for that child as well. When you visit Dept of Child Support Services (DCSS) be sure to tell them you are expecting another child. Child support is based primarily on two things: percentage of time spent with each parent and the relative incomes or ability to earn a living of each party. Question 3: On a five and a half year marriage you should be able to get some temporary spousal support especially since you are now pregnant. You will be expected, however, to make good faith efforts to become self supporting and will probably not receive long term spousal support.
Answered on Dec 18th, 2012 at 5:42 AM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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If your husband is the unborn child's father (and he will be the legal father unless and until he can obtain DNA proof that he is not), upon birth the child will be no different than your other child. Your husband will be required to pay child support for both children.
Answered on Dec 17th, 2012 at 12:12 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You should be certainly allowed to continue her pregnancy, and be entitled to assistance from your husband in supporting the child you are currently pregnant with. You should see an attorney regarding your questions as to support and alimony. You'll have to explain your entire situation before any firm opinion can be rendered.
Answered on Dec 17th, 2012 at 12:04 PM

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This child is a child of the marriage and both you and the will will have the responsibility to support both children. Spousal support is based on animistic factors including any benefits younger be entitle to during and after your pregnancy. You husband cannot just abandon you.
Answered on Dec 17th, 2012 at 9:51 AM

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Immigration Law Attorney serving San Jose, CA
You will be entitled to child support and alimony based on percentage of custody of the child and income of both parties among other factor.
Answered on Dec 17th, 2012 at 9:50 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You need to give us a lot more facts in order to get an answer. Is the baby the husband's? If you give birth to the child during the marriage, it is automatically his child and he will have to pay child support. If it is not his child and you admit it, then why seek child support from him?
Answered on Dec 17th, 2012 at 9:48 AM

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You may be able to get alimony for half length of the marriage. You will get child support for both kids.
Answered on Dec 17th, 2012 at 9:48 AM

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You have a right to go to a family law attorney in Ohio to discuss the many issues you have ahead of you. By the way: we only rarely do legal separations. In most cases it makes sense to just divorce. Ask your lawyer about this issue as well.
Answered on Dec 17th, 2012 at 9:46 AM

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