We've been married for 10yrs 9mons. he's in the military, I told to join the military after we got married. he is SSG. he had 2 kids on the outside of the marriage. I have 3 kids with him. he pay child support for the other 2 kids. we booth decided on the divorce. I don't work, in school full time. the kids are 5, 10, 14 yrs. when the military find out about his affairs will they kick him out. how can i get child support and alimony if he is already paying child support for 2 other kids.
Both child support and alimony can be awarded even if your husband has an existing child support obligation. It just means that the money he has available to pay you support is reduced, which can and will lower the amount of any child support and alimony award you will receive.
In all cases where children are present, child support must be calculated, and Georgia has a specific method of calculating child support that an attorney can help you to understand. Several factors are considered in child support calculations, including your gross monthly income, his gross monthly income, child care and health insurance premium costs. Additionally, if a party has an existing child support obligation, which is established by means of a formal court order, that information can be included in the child support work sheets that are used to calculate the non-custodial parent's child support obligation. Once all of this information is added into the child support work sheets (which is basically a child support calculator used to determine the parties' respective obligations) child support can be set, and in any case where the non-custodial parent has an existing child support obligation for other child not born of the marriage, the child support payment will be reduced.
Regarding alimony, also referred to as spousal support, there is no statutory requirement that support be paid. The court will consider your needs and his ability to pay, and if you can show that you are dependent on him and have a need for support, and that he has an ability to pay you support, you will likely get an alimony award for some period of time. In your case it appears as though you are dependent on him for support, so the next step is to show that he has an ability to pay. His ability will be limited, as he is already paying child support for other children, and he will have to pay child support for your children, but this does not necessarily mean that he cannot pay some amount of alimony to help get you on your feet. An attorney can help you with this issue, and can also discuss with you issues that should be considered, like the additional money your husband undoubtedly gets from the military to help him support his family.
Regarding allegations of adultery, no one will tell you that such behavior is ok. If he was unfaithful, he was wrong, and his behavior may affect any divorce case you file against him. Just remember that evidence of such behavior could also impact you. For instance, if you bring this evidence to the attention of the military, and he is discharged from service, his income will drop and his ability to pay you child support and alimony will also be diminished. Therefore, while I understand you are probably very angry about his behavior, you should think before you make these types of allegations to his employer.
An attorney can help you understand and consider all of these issues, and in a case like this, which can get very conplicated, I do recommend that you speak with an attorney before you take any action.
Thank you and good luck!
Nothing contained herein shall be considered or construed as creating an attorney client relationship between the party asking the question and the attorney. All legal problems are different. The answer given is only a general response based upon the facts provided and should not be considered specific advice for your case. Always contact a lawyer for advice about your particular circumstances and issues.
It is not possible to tell you how much you could receive, but you would absolutely be entitled to receive child support. Every parent is required to support every child they have regardless of how many children they have.
It is not possible to tell you if you would be entitled to alimony, let alone how much.
You would need to ask a military person about whether they discharge due to adultery.
If you are considering divorce and have not reached a full agreement with the father, then you should also be seeking an attorney.
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
Your situation is very complicated. I agree that the implications of telling the military could be very detrimental to you. It could result in a dishonorable discharge in which case your military benefits would be cut off, just as his would. You can get child support for your children even though he has a child support order for his other children. And, depending upon your needs, and his ability to pay, you may be eligible to get alimony. Your situation is difficult, but his situation was already difficult when you married him. That said, there are a number of military spousal benefits that you may be entitled to depending upon whether or not he is vested. You really need to schedule a consultation with an attorney who does family law and has experience with military divorces. And, telling the military about his affairs is not in your children's best interest or your own. You may feel vindicated, but then you will feel regret as you will have put yourself in a worse position than you were already in.
I hope this answer assists you with your legal matter and I strongly encourage you to make an appointment and consult with an attorney who has the type of experience that includes carefully navigating a military divorce.
This information is of a general nature and is not intended to be relied upon as legal advise. You are encouraged to contact and discuss your matter with an experienced attorney to more specifically address your legal needs.
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