QUESTION

Thinking of getting a divorce but want to know my rights since husband is only one who works. Can I star in the house and how support me and kids

Asked on Feb 28th, 2017 on Divorce - Wisconsin
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2 ANSWERS

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
The court has discretion to consider letting the custodial parent remain in the home with the minor children. I would also want to know what is your home worth, (current fair market value less mortgage balance) to determine the equity, because if you are going to keep the house, you will over time have to refinance the mortgage just into your name and pay your husband half the equity in the home. In regard to child support, there are two formulas in Wisconsin for calculating child support. If you have primary placement, your husband will pay you a percentage of his gross montly income. For two children, the percentage is 25% of his gross. Your post doesn't indicate how many children you have. In regard to spousal support, one would need more facts to determine if your case qualifies for spousal support. (maintenace). how long are you married? What is your respective ages? How much money does your husband earn? How long has it been since you worked? When you did work, what did you earn? Why are you not working now? Do you have any health issues that prevent you from working? what are the ages of your children? What is your educational level? All of these and perhaps other factors, all weigh in on whether this is a maintenance case or not, the chief issue being the length of the marriage. On any marriage of less than 7 years, you probably will not convince the court you should receive maintenance. On any long term marriage of 20 years or more, maintenance must be addressed very carefully and is an issue in longer term marriages that the court will need to resolve.
Answered on Mar 03rd, 2017 at 8:33 AM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
It is hard to answer your question without having more facts; how long are you married? Why are you not working and how long has it been since you have worked? What are your respective ages? What is your respective medical health? Do you own your house and if so, is there any equity in the house? How much money does your husband earn each year? How is he employed? How many children do you have and what are their respective ages? What will their placement be between the two parents? The law allows the court to award the family home to the parent having the majority of placement; if you have primary placement, they will be required to pay child support. Whether you can rectify spousal support is based on how long you are married as the starting point, and all of the statutory factors listed under Wisconsin's maintenance statute.
Answered on Mar 01st, 2017 at 2:30 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

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