Divorce question

[PUZZLDY5]

Comorker is getting a divorce. She is taking the kids. Her husband is threatening alimony. She only makes $30,000 a year. Yes he makes less. Can he do this?

 

[kellyg403]

He/his lawyer can ask the court for anything they like but its up to the judge to decide.

My uneducated, no law degree, guess? I don't think he would get it, but you just never know.


Kelly

 

[TEENEE]

He can threaten anything he wants but it's up to the judge to decide what he will actually get.

 

[hereyago]

What do you mean she is taking the kids? that she told him that he wont have custody or joint custody? because that isn't up to her to decide that. they can agree on that or they get to have a judge decide after mediation. As for alimony, that sounds like a ploy if she is telling him she will TAKE the kids.

 

[The Mystery Machine]

It is a bunch of anger thrown at each other. Hopefully she gets a good lawyer and they settled fairly in the end.

As far as her paying maintenance to him, if he has temp. custody of the kids she could end up paying.

Hopefully she already filed for that.

My BIL did that with his first wife. He went and filed temp custody and got the kid and the wife had to pay child support and maintenance. It does happen.

In the end he lost and she got full custody I do believe.

 

[PUZZLDY5]

Honestly I'm not really wanting to get to involved with this or how her taking/raising/keeping of the children came about. I was jsut asking because if she has custody of the children how wouuld/could she possible afford to pay alimony only making 30K a year

 

[DisTeach1]

I don't know and I don't care. In my state (CA), there is no "taking" the kids. And $30,000 gets you welfare here.

Why do you care and why are you asking? Maybe write a more informed post and we will give you more informed opinions.

 

[ccgirl]

Comorker is getting a divorce. She is taking the kids. Her husband is threatening alimony. She only makes $30,000 a year. Yes he makes less. Can he do this?

Is he not going for joint custody?

Honestly I'm not really wanting to get to involved with this or how her taking/raising/keeping of the children came about. I was jsut asking because if she has custody of the children how wouuld/could she possible afford to pay alimony only making 30K a year

He/She can try to get whatever they want. If a woman can "sue" a man for alimony why can't a man sue a woman? Depending on how long they have been married; he may very well be entitled.

I don't know and I don't care. In my state (CA), there is no "taking" the kids. And $30,000 gets you welfare here.

Why do you care and why are you asking? Maybe write a more informed post and we will give you more informed opinions.

I was thinking the same thing at first but in most states 30K is quite comfortable.

 

[luvsJack]

I would assume that by "taking" the kids that she means she is getting custody of them. I am pretty sure there is such a thing as "custody" in CA.

As for the alimony question--partly it will depend on the laws of your state. Here, there is no spousal support (alimony), so there is no possible way in this state unless she volunteered for it.

I wouldn't think she would have custody of the kids and then have to pay him alimony. That just wouldn't make a lot of sense.

 

[okeydokey]

I don't know and I don't care. In my state (CA), there is no "taking" the kids. And $30,000 gets you welfare here.

Why do you care and why are you asking? Maybe write a more informed post and we will give you more informed opinions.

I'm wondering why you replied at all when you are having such a bad day. Maybe you can take a break for a while and come back with a different attitude.

 

[luvsJack]

I'm wondering why you replied at all when you are having such a bad day. Maybe you can take a break for a while and come back with a different attitude.

I totally agree!

 

[ccgirl]

I would assume that by "taking" the kids that she means she is getting custody of them. I am pretty sure there is such a thing as "custody" in CA.

As for the alimony question--partly it will depend on the laws of your state. Here, there is no spousal support (alimony), so there is no possible way in this state unless she volunteered for it.

I wouldn't think she would have custody of the kids and then have to pay him alimony. That just wouldn't make a lot of sense.

Oh....you would be surprised of the differences in states. Here, we not only have alimony but it's for a LIFETIME. I believe that has finally been taken away though, thank God.

I have a family member going through this. She keeps the kids. But, because she made more than him he is going after alimony and part of her retirement. She had to get a lawyer because he actually had a shot of getting it.

 

[luvsJack]

Oh....you would be surprised of the differences in states. Here, we not only have alimony but it's for a LIFETIME. I believe that has finally been taken away though, thank God.

I have a family member going through this. She keeps the kids. But, because she made more than him he is going after alimony and part of her retirement. She had to get a lawyer because he actually had a shot of getting it.

Oh, I know. DS was living in Texas and is now living in MS. There was a lot of difference between the divorce laws in the two states. That's why I said it would depend on the laws in the OP's state.

Wow. That sounds horrible for your family member. Its sad that he can go after her earnings like that when she is the one raising and supporting his children.

 

[PrincessKsMom]

i'm wondering why you replied at all when you are having such a bad day. Maybe you can take a break for a while and come back with a different attitude.

i totally agree!

+1

 

[tvguy]

I don't know and I don't care. In my state (CA), there is no "taking" the kids. And $30,000 gets you welfare here.

.

While California is rumored to have the best welfare benefits, let's not deceive folks.

$14,160 is the most you can make and still get welfare in California.

 

[ccgirl]

Oh, I know. DS was living in Texas and is now living in MS. There was a lot of difference between the divorce laws in the two states. That's why I said it would depend on the laws in the OP's state.

Wow. That sounds horrible for your family member. Its sad that he can go after her earnings like that when she is the one raising and supporting his children.

Yes, sure is. He didn't even try for custody. She did it all with the children before. But, in order to maintain his standard of living from when they were married (or so his lawyer said) he is going after it.

I think in divorce you should each take out of it what you brought into it. If there are children are involved; do what's best for the children. The adults should move on from each other (not the children obviously).

 

[storzo]

he can ask for it...happened to a friend of mine but since she had primary custody, the child support he would've had to pay was just about equal to the alimony she would've had to pay. it was a wash and neither pays the other anything.

 

[eebadeeba]

I maybe wrong, and again depending on the state - but assuming she would have residential custody of the kids, he would still have to pay a percentage of his income for child support even if she makes more. So if he wins and alimony judgement, unless she makes a lot more than him, I would think it would just reduce his child support payment for awhile.

 

[Alsobrook]

Comorker is getting a divorce. She is taking the kids. Her husband is threatening alimony. She only makes $30,000 a year. Yes he makes less. Can he do this?

Literally, impossible to answer.

 

[JoiseyMom]

Oh....you would be surprised of the differences in states. Here, we not only have alimony but it's for a LIFETIME. I believe that has finally been taken away though, thank God.

I have a family member going through this. She keeps the kids. But, because she made more than him he is going after alimony and part of her retirement. She had to get a lawyer because he actually had a shot of getting it.

Ok..she made more then him and might have better reitrement. Why shouldn't he get part of it. Weren't they partners?? Would it be ok if she was going after him if he had more?