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i have a question about divorce and child support...
hi, i was married for 21 years. i was a stay @ home mother for that time, home schooled our children 2 boys @ home 15 and 11. he was an abusive man @ times, very abusive. through out our marriage he would leave and come back, leave and come back... well, he ran off about 2 years ago, come to find out, he was seeing another woman. when he left, i was devestated. i had a nervous breakdown last january, but am doing good and am in school to be a nurse... i tried dating about 8 months after he left, but i figured out that i'm just not ready for that. anyway, i do have a lawyer and he's been good, but there are still some unanswered questions. we went to our first court date and the judge gave temp orders for my husband to pay child support, all the bills and house payment, child support 2 be taken out of his check via garnishment. well, right after court he quit his good job. he does still pay the house payment and bills, but i only get a 3rd of the child support. 350.00 a month. he says with, this new job, he can't afford to pay me. it's been tough living on that. my soon 2 be ex-husband is always threatening me that he will no longer be paying for the house and bills and that i'm going to be homeless. today, he informs me that he wants a dna test done on the two boys. no doubt those boys are his. all i ever did was stay home w/ them, school them and i had the self esteem of a flea. well, we go back to court on the 9th of november. am i being unreasonable? after i get my education, i don't want a dime from him, but i do want him to support me while i go through school. 21 years i put up w/ him.
thanks
Kay
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Every state has different laws in regard to child support. Most recently the federal government has passed laws regarding child support as well. If your soon to be ex is under court order to make specific payments for to you for your support such as the house payments and other bills then he has no choice. He either pays or he is in contempt of court and the judge can put him in jail; something you might want to have you lawyer request. It will show your soon to be ex he can no longer control you.
Back to child support; his wages can be garnished for the court ordered support wherever he is working. If you know his social security number you can your lawyer can find out where her is working. Should he be earning an insufficient amount to cover his court ordered support payments he can be ordered to get a second job, find a job equal to the one he had at the time he left or be held in contempt. You can also place an attachment on his state and federal tax refunds.
As for alimony or other money from him. He abused you for 21 years. Take whatever the courts award and you are entitled to. Many states are 50/50 states meaning 50% of whatever you have between you during the marriage is yours including any and all retirement funds he may have amassed, any savings, even if he depleted them since and half the value of the house.
If you can prove the abuse, and from what you have written as to his actions since the split, you should not have any trouble doing so. The courts will bend over backward to punish him and reward you.
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16/f
My parents went through a divorce at a very young age for me. My dad gave child support for me, he was never late or anything. But I do know quite abit about child support. Your husband can get into legal trouble for not paying ALL of child support. Even though he lost his job, the court expects hiim to get several jobs if he has to to pay your both of your children. It is not unreasonable to ask to go to court, or anything. You are a single parent and it was very ahrd for my mom at times and I assume it can be hard for you as well. I would aware the court of the fact that you haven't been paid the legal amount of child support. Im sorry that you are in this situation. It is a hard time and 11 years later, I sometimes have a hard time but thats rarely. Your ex seems like a bitter man, I know it is hard hearing insults (i was in a relationship similar and I eventaully believed everything he told me) I eventually realized that that was his hurt talking and nothing of that was true.I became stronger and realized that I am so much better off without him and that I should have ended that long ago. I know I may be young but I still hope that anyhting I talked about helped even a little. Chin up girl, work it:) eventually, probably once your life slows down (with all the school and stuff), your truw man will come into your life. You deserve him.
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