Preparing for divorce (speaking for a friend)

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magareb

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My husband and I have been married for 10 years. Through the course of the 10 years we had 3 children 3,6 and 8. I started working 2 years ago (making low 40K) and my husband is making upwards of 70K. He can make more but chooses to be comfortable where he is. He owns stock and we have a home. He has also had affairs or as he says gone on dates that nothing has happened. He stated to me years ago that, "when someone has the same thing all the time you want to try somthing new". Be that as it may if I say to much more and he is familiar with this site he willknow it is me. I need to know if you can be married and live in the same home, can I get spousal support and child support. He says I can't get a divorce and that if some how i do he will quit his job and get a lower paying one. A girlfriend of mine suggested i ask this because he might do it b4 i initiate divorce proceedings
 
First of all what state do you live in?

If he quits his job and purposelly gets a lower paying one, he probably will still be obligated to pay support on the higher income. You cannot volunatarily take lower income to avoid child support.

As far as you collecting alimony and child support, you need to file for divorce and ask for temp child support. Alimony is tricky since you are working and you make a good income. You can ask that he pay all the debt since his salary is higher.

as far as his ability to make more, unless he is a DR, lawyer, or has a law or medicine degree, it is really hard to prove somebody is able to make more than 70k. In most part of the US that is a good income.

My advice, see an attorney and see about diling for divorce. You can ask for the marital residence. Do you have any equity in the house? You can ask for that as well, but he is also entitled to half of it, ask the attorney about all the equity in the house in lieu of spousal support. If you are in a community propery state it is possible everything can be split 50/50.
 
Living in Long Island, NY

I live in NY and yes there is equity for the home . But can I ask for child support while we still live in the same home? I only started working 2 years ago and this is the 2nd year.
 
Degree

He has a BA and as I stated b4 we have been married 10 years with me being the one to take care of the children and he is extremely uncooperative financially and with disciplining the children. It seems that I am the bad guy now and he is the good since he let's them do what they want so that when I see they haven't done what they are suppose to do I have to tell them. Should I also seek therapy for them as well as I so they might understand ?
 
You really cannot ask for CS if you are living in the same residence. He is still paying some bills. He needs to move out.
 
child support...

r u sure? I have heard that there are cases like that, though i haven't seen it for myself, but I have insurance and credit cards in my name with him on the account, what can I do? I am not sure about alimony while we go through the initial stages of me suing him, but I thought I could at least get the CS. I can already see he is trying to screw me on the credit cards The debt we have with them is too high for me to pay and close
 
If he is living under the same roof, he is paying some bills, so he is providing some sort of child support. It is not normal to live under the same roof and collect CS he can certainly dispute it. Talk to an attorney or CSE.
 
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