She left me and moved in with someone else while we were married. I want a divorce now. Can I make her pay alimony if she orders me to pay child support?
Good question. Alimony and child support amounts are determined by different methods but they do relate to each other. First, alimony would be based upon your need for support (your need not that child's need). We define need by your standard of living during the marriage. Basically, if you can't meet all your bills with your income then you have a potential alimony claim. The next step in the alimony analysis is her ability to pay. Therefore if you need $2,000 a month but at the end of every month she doesn't have any money left over after she pays her bills then she doesn't have the ability to pay. Therefore, on this example, you would not receive alimony. On the other hand if she has $3,000 a month left offer, then she would have to give you $2,000 to cover your needs. After you determine how much if any alimony you receive then we calculate child support. Child support is a mathematical formula that starts with the parent's net income (after taxes). There is more to it but I just want to give you the basics here. At the end of the day the more alimony you receive the less child support your get. The less alimony you receive the more child support you get. Usually you will be better off financially by getting more alimony and less child support. If you have any further questions, please let me know.
I currently have split custody with my daughter who is autistic. I challenged for full custody but her mother refused so we agreed in mediation to have alternating weeks. Issues involving school and medical I was given final say if we can't agree ...
I am sorry that you are dealing with these issues after you are already divorced. Your case has a lot of moving parts that will be addressed best by an attorney/client conference (in person or by phone). Here is some basic information you should know regarding cases that have issues after the original case was finalized in court. To change the parenting plan there must be what the court calls a "substantial change in circumstances that was not anticipated at the time of the final judgment". For example, if someone wants to change the parenting plan because a child turns 16 that would not be a substantial change in circumstances that was not anticipated at the time of the final judgment because everyone would anticipate that the child would reach the age of 16. If you want to discuss your case in more detail please let me know.
I am in Florida. My boyfriend and I never got married but had a child. Now we are splitting up. We've worked out a parenting plan so everything will be uncontested. I'm filling out the forms and it's asking me for how much I pay in health insuranc...
This is a very good question that can be confusing (even for lawyers). On the child support guideline worksheet there are two places for health insurance. The first is just the amount you pay for yourself. This amount is subtracted from your gross income (i.e. before taxes) to help get to your net income (i.e. after taxes). Your net income is the starting point for determining child support. The second place to plug in the health insurance paid is just for the child (not including the child that is not yours). The child's boyfriend will be responsible for his share (more on this later) of the health insurance premium that you pay on behalf of the child. Here is an example. Your net income is $6 a month; the child's father net income is $4 a month. The total income is $10 a month. Your $6 a month is $60 percent of the total income and the child's father's $4 a month is 40% of the total income. Why do we care? Because when you pay $1 a month for your child's health insurance premium you are actually paying your $60 percent and the child's father's 40% - in my example his .40 cents. At the end of the calculation your will get an additional .40 cents in child support as a reimbursement (if you will) of the portion of your child's health insurance premium's that you pay. One more thing - you mentioned that you also have another child. Therefore it is reasonable to figure out what you pay for your health insurance plan (without children) and then with children. Then you take the difference and divide by two (half for each child) and that is the amount you may enter in the child's portion section. There are different ways to do this last calculation. If you need anything else or have other questions, please feel free to contact me. I hope this helps. Regards, SethSee question
My son is in a long term care facility for children with emotional issues. He has been diagnosed with ADHD and ODD. My ex has intentionally put both of our children in multiple dangerous situations over the last few years, but I've not been able t...
Since you are already divorced your case is called a Post Judgment (i.e. after the Final Judgment). The basic starting point is to review the Final Judgment and Marital Settlement Agreement and Parenting Plan (I am assuming you agreed and the court/judge did not make the decision at trial). If the court/judge made the decision trial then you just need to review the Final Judgment. Ok - back to the parenting plan. Review the parenting plan and see what it says about when your ex is suppose to see your son. That is the starting point. You may ask the court (through a supplemental petition to modify the final judgment) to change when she can see your son. In doing so you would have to prove that something has changed since the final judgment (that is called a substantial change in circumstances) and that you didn't think whatever changed would occur (i.e. that was not anticipated at the time of the final judgment). For example, some people try to file to change the parenting plan because a child is now 16. That would not qualify because at the time of the final judgment everyone anticipated that one day the child would be 16. Another potential option is to file a motion to suspend her access because her actions are detrimental to your son. You should talk to a lawyer in your area to discuss your options. I wish you and your son all the best.See question
We will be married 10 years in Sept and he is a full time disabled student ; I am the bread winner.
Neither of you have to leave the rental house. There is no "legal separation" in Florida. You both have an obligation to each other to support each other (financially) while you are married. I am not sure what you mean by "protect yourself." If you mean you are in physical danger then you should of course call 911 or file a petition for protection against domestic violence. If you mean protecting your rights then I would need more detail to answer the question.
I hope this helps.See question
The father of my child has not establish paternity and wants to have visitation time even if he "legally" has no right. Nothing has been established yet (custody,child support or visitation) but he still wants to visit my child which my answer in ...
When a court determines a parenting plan, one decision the court makes is what is the timesharing (visitation) for the child. The fact that you are not letting him see the child could be used "against you" but it is one factor of 20 that the court will consider. The fact that he is not paying support is not a justifiable reason to withhold timesharing. You may want to consider filing a paternity action of your own so that you can get the proper support and that a timesharing schedule will be implemented.
I hope this is helpful.See question
He agreed to pay me $ within 12 months of divorce and now he refuses to. It is in our settlement agreement. I live in Florida and he lives in Tennessee.
You can proceed in Georgia where the original final judgment was entered. Another option is to have the final judgment become a Florida order (domesticated) and then use the Florida Court system. Have a judgment domesticated is a routine process and it will most likely be convenient for you to work with an attorney in Jacksonville.
I hope this is helpful.See question
My husband and I have filed a simplified divorce after 41 years of marriage and now that the court date is set we are having second thoughts and would like to postpone it for a couple of months. Is this possible?
Yes, the judge can "postpone if for a couple of months." In the legal world we call that "abatement." When you go the the hearing, you may want to tell the judge that you want to work on your marriage for a few months. I would be shocked if the judge didn't grant you your request. I agree with the other posts that if you can call the judge's judicial assistant to give the judge a heads up, that would be helpful.
I hope this was helpful to you.See question
This has caused a major financial burden on husband of wife!
I agree with my colleagues' answers.See question
A judge in the State of Florida, Polk County, heard an initial hearing on a divorce case in which he set temporary child support and spousal support. He was filling in for a judge that was being investigated for misconduct. The judge being invest...
Generally speaking the Judge that hears the case signs the order. However, there are always exceptions to the rule. You should consult with an attorney about the specific question you have and the other issues that may be relevant in your case.
Mr. Nelson's response to your question is general in nature, as not all the facts of your case have been provided and are not known to him. You should consult with a Florida Bar licensed attorney to review all the facts in your case in order to receive advice specific to your case. Mr. Nelson's statement above does not create an attorney/client relationship.See question