Am I entitled to alimony and child support when my husband has cheated and has moved out to live with the other woman? 9 Answers as of June 19, 2013

My husband cheated and I have proof and we have 2 kids and he does pay me anything for them. He always say he has to live himself. We have been married 10 yrs.

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Law Offices of Frances Headley | Frances Headley
Your children are entitled to child support. You may be entitled to spousal support if your incomes are disparate enough. His cheating is irrelevant to these calculations.
Answer Applies to: California
Replied: 6/19/2013
John Russo | John Russo
File for divorce he will have to pay for the children, what are you waiting the kids to grow and get married.
Answer Applies to: Rhode Island
Replied: 6/17/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You'll certainly be entitled to child support, whether or not you will be entitled to alimony is another matter and depends on all of the circumstances.
Answer Applies to: Michigan
Replied: 6/17/2013
T.D. Stevens & Associates PLLC
T.D. Stevens & Associates PLLC | TD Stevens
Texas has spousal maintenance which is similar to alimony and some of the factors to determine if your are entitled are your age, education and work experience. If the children live with you and are his biological children, he will be obligated to pay child support.
Answer Applies to: Texas
Replied: 6/17/2013
Webster & Associates | Anita Webster
In Nevada child support is by formula based upon the time share each party has with the children and the gross monthly income of the parties in joint custody situations or the gross monthly income of the obligor spouse if he/she is the non custodial parent. Alimony depends on a variety of factors and is best discussed with a knowledgeable family law attorney. Nevada is a no fault divorce state so having an affair in and of itself is not a proper consideration by the court. The affair can become relevant if, for example, community assets were wasted on the affair or if the individual your spouse is having an affair with has a criminal record, drug or alcohol issues and is around the children. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the readers.
Answer Applies to: Nevada
Replied: 6/17/2013
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    In California the fact that he cheated has no legal relevant. However, he must help support his children. And you may be entitled to Spousal support based on several factors which include things like the length of the marriage, the incomes of the parties, his ability to pay support, and your ability to find work.
    Answer Applies to: California
    Replied: 6/17/2013
    Kunin &Carman | Ishi Kunin
    Alimony and child support are not fault based. If you share custody, the higher wage earner will pay some support to the lower wage earner. As for alimony, that is based on the disparity in income, length of marriage, education during the marriage and some other factors.
    Answer Applies to: Nevada
    Replied: 6/17/2013
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    The children are entitled to child support, but you need to file a divorce or legal separation so you can make a motion for child support. No one is entitled to alimony in Washington. You may be able to get maintenance depending on each of your incomes, assets etc. It is usually a temporary measure until all assets and debts can be divided. The fact that he cheated has no bearing on either alimony or child support, but if he used community funds in furtherance of the affair, you can be reimbursed for the marital assets "wasted." The sooner you file, the sooner you can get at least support for the kids.
    Answer Applies to: Washington
    Replied: 6/17/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Go talk to a nasty, smart divorce attorney near you, and take action. Nasty, smart action. Too bad you are not in New Jersey. I could help you. It is hard to find a good divorce lawyer who will fight for you and not charge an obscene amount of your money. Find someone who spends most of their time in divorces. Find someone who has been in court several times this year (2013) in the county courthouse where your divorce will be filed. If they don't go to court often, they are not the lawyer you want. And find someone who has handled at least three or four full and complete divorce trials.
    Answer Applies to: New Jersey
    Replied: 6/17/2013
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