Can I get chid support plus one of our other homes? 31 Answers as of June 27, 2011

I have been marriage 15yrs. we have two boys and because our family home we have 3 other homes just in my husband name if we get a divorce will I be able to get child support plus one of our other homes?

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Law Office of Karen A. Clark, L.L.C.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
It sounds like your financial situation is complex. Parents have a legal duty to support their minor children. The guidelines for the minimum child support payments are set out in the Washington State Child Support Schedule. You should discuss your situation with an attorney and a Financial Divorce and Home Lending Specialist. Together they can help you to preserve your rights and continuing living in a comparable situation/environment.
Answer Applies to: Washington
Replied: 6/27/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
Child support and property division are completely separate issues. The quick answer, without knowing anything about your total asset and debt picture is that you may get one house if it fair for you to have one.
Answer Applies to: Oregon
Replied: 6/20/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
Typically, child support is paid to the primary parent. The Court will look at both separate and community property when making a fair and equitable division of assets and liabilities.
Answer Applies to: Washington
Replied: 6/20/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Yes, the name on the house is not relevant. The question is when was the property purchased. If it was purchased outside of marriage - it is separate property but the analysis does not end there, if there were mortgages paid during the marriage, you can ask for reimbursement to the community for funds spent on the separate property. This is a complex property issue, you will need legal counsel on this matter. My firm handles complex property issues in divorces.
Answer Applies to: Texas
Replied: 6/20/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
The short answer is yes. But, there is a lot more involved and you would be best consulting with an attorney.
Answer Applies to: Connecticut
Replied: 6/20/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    If all of these properties were acquired during the marriage, it does not matter that they are only in your husband's name. If you have primary custody (time-sharing) with the children, then you will be able to get child support as well as the use of one of the homes for the benefit of the children.
    Answer Applies to: Florida
    Replied: 6/17/2011
    Palomino Law Firm, P.C.
    Palomino Law Firm, P.C. | Debra Palomino
    Property acquired during marriage is presumed to be community property. Your rights to property titled in your spouse's name may be community or you may have a community lien on the property. Child support can be calculated online and if you are the custodial parent, more than likely you will receive child support as calculated. Child support is a different issue than division of property.
    Answer Applies to: Arizona
    Replied: 6/17/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    It all depends upon when and how those other homes were purchased. If he used marital money, meaning money that he earned during the term of your marriage, then you are entitled to part of all three of them and perhaps the marital home as well. What you really need to do is speak with a qualified matrimonial/divorce attorney and learn your rights. There are also divorce books in the library, some of which are good and all of which will give you a better idea about divorce than you have now. You are generally entitled to half of everything he bought during the term of your marriage, unless he can unequivocally prove that the money that purchased those homes came from a negligence recovery solely for himself, an estate inheritance for him alone or money that he had before you were married. Otherwise, he has major problems and you should be entitled to half, relatively speaking. Speak to a qualified matrimonial attorney local to you. Good luck.
    Answer Applies to: New York
    Replied: 6/17/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Child custody determinations are made based on what a court deems to be in the child's best interests. The court must address statutory factors as well as any additional relevant evidence before rendering a decision. Child support is then determined based on statutory guidelines which consider the incomes of each parent and their respective parenting time. With respect to property, all property is presumed marital and capable of division in a divorce. That is true regardless of whose name is on the title. Whether you are awarded the real estate rather than a share of the equity or sale proceeds may depend on any number of factors including whether the home is affordable to you.
    Answer Applies to: Minnesota
    Replied: 6/17/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Child support is a complete and separate issue from all property issues in a divorce. Children can only live in one place and one parent is almost always going to pay child support to the other. Details on how that is decided are different from state to state. In Colorado, the income of each parent and the time the children spend with each parent are the major factors in deciding child support. Each state is slightly different, but generally all property that is owned at the time of divorce is presumed marital or community property, regardless of whose name is on the title, until one party proves otherwise. All marital property will be divided fairly (or equal in community property states), but that applies to the total marital estate - not necessarily to each individual item. Depending on the overall financial situation, it would seem highly likely that you could get one of the three houses.
    Answer Applies to: Colorado
    Replied: 6/17/2011
    Deal & Hooks, LLC
    Deal & Hooks, LLC | Shawn P. Hooks
    If you get custody of the two children you should receive child support for them both. As far as your houses a court may consider them marital property even if they are in his names depending on the circumstances. As such you may be entitled to one of the homes or the proceeds from the sales or a portion of the value. You should consult an attorney and discuss what the circumstances are and what your rights are. An experienced Ohio divorce attorney can look at the issues and help give you good advice as to how to proceed and what to expect.
    Answer Applies to: Ohio
    Replied: 6/17/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Child support usually has nothing to do with property division or vice versa. You will be entitled to a fair and equitable division of all your assets and debts regardless of how they are titled. If they are separate property, that can be considered.
    Answer Applies to: Washington
    Replied: 6/17/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    You will certainly be able to get child support if the children live primarily with you. Child support is independent of the property division. In terms of whether you can get one of the houses that issue will depend on a number of factors. What the court is supposed to do in a divorce is look at all of the debts and property and then make what the judge believes is a fair and equitable division of all of that property. Depending on the amounts of property and debts, that may or may not mean that you should get one of the houses.
    Answer Applies to: Washington
    Replied: 6/17/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Yes. In a long term marriage, you are entitled to an equal division of assets. For more information, please call for a free initial phone consultation.
    Answer Applies to: Oregon
    Replied: 6/17/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law, if the boys will be living primarily with you after the divorce you will be awarded child support. Assuming the homes were all purchased during the marriage with community funds, they are subject to division by the court. Talk to an attorney in your area about the specifics of your case, but I don't see any reason in your email why you could not have one of the homes awarded to you.
    Answer Applies to: Washington
    Replied: 6/17/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    I would need a great deal more information to be able to determine what you would be able to expect from the division of property as a part of the divorce. Intuitively, one would think so. But to get the specific information that you need, please contact a local domestic relations attorney.
    Answer Applies to: Ohio
    Replied: 6/17/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    If you have custody of the children, you should get child support. This will depend on the law of the State where you live. Getting the homes...depends on the laws of the State. Here in New Jersey: you get 'equitable distribution' and you should get half of all the assets that you and he got during the marriage. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 6/17/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    If the children live predominately with you, then yes, you would get child support. And any of the homes, bank accounts, 401k funds, and any other asset that was acquired during the marriage is considered a marital asset subject to equitable distribution, regardless of whose name it is in. Therefore, if any of the real estate was either acquired or paid for during the marriage, then you would be entitled to an equitable portion of the asset, which typically means half. You should consult with an experienced family law attorney in order to better determine what your potential rights are in the event of a divorce. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available.
    Answer Applies to: Florida
    Replied: 6/17/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    in Florida you would get at least use and possession of a home until children reach majority and/or have finished high school. the other homes are complicated , you may get one as alimony or equitable distribution, but many factors are involved. pay a lawyers consultation fee in your state.
    Answer Applies to: Florida
    Replied: 6/17/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    If the homes were obtained during the marriage, with money that was earned during the marriage, you will get the value of one-half of ALL the homes, unless there is some clearly written agreement to the contrary. When the property is in only one name, it is very wise to protect the property, and place the appropriate security measure in place to be sure he cannot sell any of the properties and then hide the money. With so much at stake you should be seeking competent legal representation immediately.
    Answer Applies to: California
    Replied: 6/17/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I would urge you to retain an experienced divorce attorney as soon as possible and discuss your rights and options, including your right to an equitable division of all marital assets, irrespective of the names on the properties! Good luck!
    Answer Applies to: Georgia
    Replied: 6/17/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    That is a possibility but without knowing more detail this cannot be certain.
    Answer Applies to: Connecticut
    Replied: 6/17/2011
    Fredric H. Aaron, Attorney at Law, P.C.
    Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
    If you have been the primary caregiver for your sons, it is more than likely that a court will grant you primary custody. Moreover, if your sons' primary residence is the home which you would like to receive in the divorce, then it is probable that if you have been granted primary custody that you would be allowed to live in this home with your sons until the youngest reaches the age of maturity. Regarding ownership of the homes, the fact that they are in your husband's name may not matter in the divorce. If they were bought during the marriage with marital funds or assets, then they will be considered part of the marital estate subject to equitable distribution. However, if your husband owned these homes prior to the marriage, or used non-marital assets to purchase the homes (i.e., gifts or estate money from his relatives, or through the use of funds and/or assets which were his prior to the marriage), then the homes will not be part of the marital estate.
    Answer Applies to: New York
    Replied: 6/17/2011
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    In Georgia, the Child Support Guidelines require the parent who does not have primary physical custody to pay the parent who does. The amount is dependent upon the income of the parties and a variety of other factors. If a piece of real estate is purchased during a marriage, it is subject to equitable distribution, regardless of whose name the real estate is titled.
    Answer Applies to: Georgia
    Replied: 6/16/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    The simple answer to a potentially complex question, regarding which you did not provide nearly enough information, is that you can receive child support if you have sufficient custody/visitation of the children and the income difference between you and your ex-husband is sufficient. You do not only receive "one" of the homes. You can negotiate for one of the homes, but you are entitled to half of all community property, which is property acquired, or substantially paid for, during the marriage with marital assets or earnings. California is a 'community property' state.
    Answer Applies to: California
    Replied: 6/16/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Without more, your question is difficult to answer, because I would need to know the circumstances under which your husband received sole title to the three other properties in order to provide you a reasonable response. Depending on the facts, those properties may be his separate property, community property, or mixed separate and community property. Whether you can receive one of the properties in a divorce depends upon whether it is community property and whether there is sufficient offsetting community property that your husband can receive to equalize the equity you receive in the home that you seek. Regarding support, depending on the facts, including your income, your husband's income, and your custodial timeshare, you may be entitled to an order for child support (as well as spoual support and attorney's fees). You would best consult and retain an experienced Family Law Attorney to represent you in your divorce.
    Answer Applies to: California
    Replied: 6/16/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Child support, yes, if you have custody of the boys and, yes, very likely, if you have a valid marital claim to at least one of the homes.
    Answer Applies to: Virginia
    Replied: 6/16/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If you win custody, obviously you would get child support. Since no one here has the two of your financial affidavit's there is no way for us to guess as to the rest of your question. Be sure you have a good lawyer. If you do not have counsel you will probably see you case go south in a hurry.
    Answer Applies to: Georgia
    Replied: 6/16/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If you get custody of the children you should get child support. As far as the houses, you need to speak to an attorney regarding the laws of property division and how they might apply to the facts of your case.
    Answer Applies to: Georgia
    Replied: 6/16/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Child support is based upon the relative earnings of the parties and the timeshare (with a few other factors). All property acquired during marriage is community property unless acquired by gift, inheritance, or by using separate property to purchase, regardless of the title. You may or may not be able to get one of the homes. It depends upon how the property is divided up and what you can afford. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/16/2011
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