How can I get support from my husband? 55 Answers as of July 20, 2012

My husband cheated on. He makes more money than I do. We have two daughters. How can I ensure he gives proper support?

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Salladay Law Office | Lance Salladay
As part of a divorce proceeding child support must be calculated. Idaho has a very specific formula for calculating support based on the parties earnings.
Answer Applies to: Idaho
Replied: 7/20/2012
Perez-Jenkins Law, LLC | Patricia Perez-Jenkins
You can file for child support whether you are separated or in the process of divorce. One thing to note is that MN is a no fault state, meaning that the judges and our legal system do not care about the reason behind the divorce. Cheating is not something that will garner special treatment by a judge in terms of custody or child support.
Answer Applies to: Minnesota
Replied: 7/20/2012
Law Offices of Ward F. McDonough, Jr. | Ward F. McDonough, Jr.
You have not given me enough information. I order to get a Court to require your husband to do what he is supposed to do with regards to the maintenance of his children and spouse it to start a legal action - otherwise known as a divorce, separation, or separate maintenance. In commencing any of these actions, you would have to file a complaint in order to access the jurisdiction of the Court. You would have to prepare and file an action and pay the filing fee and get your husband served. The court would notice the matter for hearing and both parties would be expected to appear and give testimony. The Court would make a decision and enter an Order. Legal both parties and required to support their children and/or share in the responsibilities of supporting the children. The Michigan Support Guidelines would determine who pays support and the amount of the support. But you must file a civil complaint in order to use the services of the Court.
Answer Applies to: Michigan
Replied: 7/20/2012
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Hire a competent attorney and file for divorce, and immediate temporary support. Despite his unfaithfulness, I counsel my clients with children to exhaust all attempts at reconciliation, as the children in a two parent household fair better than in a one parent household. While all parents do not cheat, all parents fight. The kids are better off with two parents, period. If you can honestly say you have given your best effort at reconciliation for the benefit of your kids, and were still unsuccessful, then divorce him.
Answer Applies to: Alabama
Replied: 7/19/2012
Law Office of Jane E. Ginsburg
Law Office of Jane E. Ginsburg | Jane Ginsburg
You can go to the Department of Child Support Services and they will you obtain child support.
Answer Applies to: California
Replied: 7/19/2012
    Victor Varga | Victor Varga
    Well, it depends on what you mean by support. Child support or alimony/spousal support? For either, you need to file the appropriate action with the Circuit Court in the county in which you or he resides.
    Answer Applies to: Maryland
    Replied: 7/19/2012
    NOLAN LAW LLC | Joshua J. Nolan
    If you file for divorce or legal separation, you can request that the court issue a temporary order under Civil Rule 75(n) requiring your husband to pay some amount of spousal support and/or child support. However, this will be dependent upon a number of factors, such as the relative incomes of the parties, the length of the marriage, any agreements between the parties about foregoing a career to raise children, etc. The amount of child support is set by a statutory formula, dependent largely upon the income of the parties. There is no such statutory calculation for spousal support. The amount of spousal support awarded, if any, will depend upon the factors outlined above.
    Answer Applies to: Ohio
    Replied: 7/19/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    His cheating is irrelevant other than if it effects parenting. Take him to court and seek to establish child support and maintenance.
    Answer Applies to: Washington
    Replied: 7/19/2012
    THE LOCKHART LAW FIRM | CLAYTON LOCKHART
    You can file a petition for separate maintenance and ask the Court to order your husband to provide financial support for you and child support for the children.
    Answer Applies to: Mississippi
    Replied: 7/19/2012
    Patrick McCarthy
    Patrick McCarthy | Patrick McCarthy
    Depending on your particular situation, it may be appropriate for you to consider filing for divorce or filing for separate maintenance or an annulment. Furthermore, a motion for child support may be appropriate for your circumstances. Under the Michigan child support formula two very important considerations in terms of calculating child support are the income of both parents and the number of overnights that the child stays with each parent. It is recommended that you discuss this matter further with a skilled family law lawyer so you understand your rights and are poised to take appropriate action.
    Answer Applies to: Michigan
    Replied: 7/19/2012
    Barbara Fontaine, Esquire | Barbara Fontaine
    File with your Family Court for support. If you file for divorce, get a hearing prior to the hearing on the merits of divorce to get temporary orders in regard to custody, support , use of vehicle, etc.
    Answer Applies to: Rhode Island
    Replied: 7/19/2012
    Law Offices of Marshall R. Hoekel, LLC | Marshall Hoekel
    You should consult with a family law attorney. There are presumptive amounts of child support, and you may be entitled to spousal maintenance as well. The amount you receive depends on a number of factors and really requires a personal consultation.
    Answer Applies to: Missouri
    Replied: 7/19/2012
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | Dave Hawkins
    You file a motion to establish child support based upon your incomes. The fact that he cheated on you is irrelevant. Wa. state is a no fault state and the court does not give any consideration as to who is sleeping with who.
    Answer Applies to: Washington
    Replied: 7/19/2012
    Smith Hood Bigman
    Smith Hood Bigman | Horace Smith
    It is necessary to file for support with the Clerk of the Circuit Court in your county. This can be done through and attorney or by you directly. You may also seek the services of the Department of Revenue who can file for support only. They cannot represent you in any divorce or custody proceeding.
    Answer Applies to: Florida
    Replied: 7/19/2012
    Ezim Law Firm | Dean Esposito
    If you are talking about child support, you can look at the child support guidelines and plug in the numbers to determine what he should be paying. However, I suggest you at least consult with an attorney for a second opinion.
    Answer Applies to: Louisiana
    Replied: 7/19/2012
    Peacock Law Group of the Lowcountry, LLC | Richard Peacock
    In South Carolina, in this situation, there are most likely two kinds of support which need to be sought (this is very fact and detail specific so it would be wise to seek legal counsel to assist in these matters). The first would be child support. The second would be spousal support in the form of alimony. The primary custodian of the children is the person to whom the Court will award child support. So first, you need to obtain a Court Order awarding you Custody of the Children and awarding you Child Support. As for alimony, it is highly unlikely, in this situation, that you could be awarded alimony prior to having a final divorce hearing (or the parties agreeing that you will receive alimony). It would be wise to seek legal counsel to assist in these matters.
    Answer Applies to: South Carolina
    Replied: 7/19/2012
    Austin Hirschhorn, P.C.
    Austin Hirschhorn, P.C. | Austin Hirschhorn
    There are several ways that you can compel a spouse that is unwilling to support his family to pay support. One choice would be to contact the Prosecuting Attorney in the County where you reside and speak to one of the Attorney's assigned to the prosecution of non-support cases about your situation and determine if that office is willing to prosecute your spouse for non-payment. The other choice would be to file for divorce and request that the court order child support. Since you and your spouse are both employed and have the legal obligation to support the children of your marriage the court would look at both of your incomes and the statutory child support guidelines to determine the proper amount of child support and enter an appropriate order and enforce that order if your spouse does not comply.
    Answer Applies to: Michigan
    Replied: 7/17/2012
    Evan Guthrie Law Firm
    Evan Guthrie Law Firm | Evan Guthrie
    There is alimony and child support calculations in family court during a divorce. A formula will be set by the family court and the parties to the divorce.
    Answer Applies to: South Carolina
    Replied: 7/18/2012
    Law Office of Joan M. Canavan | Joan Canavan
    If you are not ready to file for divorce, you would file a Complaint for Separate Custody, visitation, and Support from your Husband. Upon filing you will receive a summons which will be served on him by constable. Then you would file a Motion for Temporary Orders requesting that the Court schedule a hearing concerning custody, visitation, and support from your Husband for the benefit of your daughters.
    Answer Applies to: Massachusetts
    Replied: 7/18/2012
    Nwokoye Law Firm
    Nwokoye Law Firm | Violet Nwokoye
    You can petition the court for a child support order. To get support for the children you have to be living separate from your husband and have the children residing primarily with you. Spousal support is another support you can also get by filling for divorce, other factors do apply to qualify for temporary spousal support.
    Answer Applies to: Texas
    Replied: 7/16/2012
    Law Offices of Brian J. Lockwood
    Law Offices of Brian J. Lockwood | Brian J. Lockwoood
    You can insure that your rights are protected by hiring an experienced attorney. Self representation is foolish where children are involved.
    Answer Applies to: Alabama
    Replied: 7/18/2012
    Alvin Lundgren | Alvin Lundgren
    Get a court order. Have it enforced through wage withholding or ORS.
    Answer Applies to: Utah
    Replied: 7/18/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    All issues of the divorce must be presented to the court according to the rules of evidence in order for the court to make a good decision.
    Answer Applies to: Georgia
    Replied: 7/18/2012
    Attorney At Law | Harry D. Roth
    Get a good lawyer. Seriously, get a good lawyer AND make sure the lawyer is told 100% of what the lawyer needs to know about his income, your income and the needs of the children. Cheating has nothing to do with it. This is not church court. The purpose of support, both child and spousal, is to keep all parties in life's necessities and, to the extent there is enough income, spreads the luxuries around fairly so that one spouse is not living far better than the other.
    Answer Applies to: California
    Replied: 7/18/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    When you file and serve your divorce petition include a motion for child custody visitation child support and spousal support.
    Answer Applies to: California
    Replied: 7/18/2012
    Maskell Law Firm, P.C.
    Maskell Law Firm, P.C. | Eric A. Maskell
    Child support is established by the family code and therefore statutory. You would need to take your husband to court and request a court order. You should contact an attorney for a free consultation to review your rights.
    Answer Applies to: Texas
    Replied: 7/16/2012
    Law Offices of Frances Headley | Frances Headley
    You can bring an action for support yourself or you can pursue support through your local child support agency.
    Answer Applies to: California
    Replied: 7/18/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    File for divorce and ask for child support and maintenance.
    Answer Applies to: Colorado
    Replied: 7/18/2012
    Burnett Evans Banks
    Burnett Evans Banks | Paul Evans
    If you are living separately and your husband is not providing financial support for the children, you may have to look to public assistance for help. This will trigger the State to seek an order of support from your husband. If you file for divorce, the amount of child support will definitely be an important and necessary issue. Either way, your husband will be required to provide his employment and pay information in order for the proper support amount to be calculated. If he is not cooperative, it will help to have your own attorney assist you with enforcing compliance by your husband. If your husband is self-employed or works "under-the-table", income may be imputed to him based upon his living expenses, lifestyle, capacity for earning, etc. Again, it would be to your advantage to have the assistance of a qualified attorney.
    Answer Applies to: Missouri
    Replied: 7/18/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    In Washington state, the amount of child support is determined by a statutory formula based on the income of each parent and the age of the children. However, the fact that he had a relationship outside the marriage is not a factor considered by the court in determining the amount of support.
    Answer Applies to: Washington
    Replied: 7/18/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You may determine support by using the online child support calculator available on the Minnesota Department of Human Services Website. To do so, you must know each parent's income and the parenting schedule. You may file for child support at any time after the parent's are separated. In that process, you must provide the court with documentation of your income and monthly expenses. You would be wise to consult with legal counsel.
    Answer Applies to: Minnesota
    Replied: 7/18/2012
    Blough Law Office | Janis L. Blough
    If the cheating caused the breakdown of the marriage, your husband can be held at fault with regard to the division of assets and possibly spousal support, but that's up to the judge. I have had one case in one county where the court found no fault because the cheating (in that case, birth of a child with another married woman) was "a symptom of the failed marriage" and not the cause! Otherwise, fault will have no bearing on a MI divorce. You would be well advised to get an experienced attorney to seek spousal and child support (according the the MI Child Support Formula guidelines). Also, be sure to have the support paid through the Friend of the Court, because that office will enforced both child and spousal support so you won't have to hire an attorney to do it for you (& can intercept his income tax refunds, etc. to get your money).
    Answer Applies to: Michigan
    Replied: 7/18/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You can ensure that he pays proper support by hiring an aggressive family lawyer in your area. There is no other way to do it.
    Answer Applies to: Florida
    Replied: 7/18/2012
    Peyton and Associates | Barbara Peyton
    File papers with the county for support.
    Answer Applies to: California
    Replied: 7/18/2012
    Mike Yeksavich | Mike Yeksavich
    You should obtain court orders that can be enforced.
    Answer Applies to: Oklahoma
    Replied: 7/18/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Retain an experienced Family Law Attorney to represent you in your divorce. The Court won't be concerned with the fact that your husband cheated on you unless he inappropriately involved your daughters in his cheating.
    Answer Applies to: California
    Replied: 7/18/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The fact that he "cheated" is irrelevant to any financial issues. You need to file for divorce to get anything decided. A judge is required to order child support according to the statutory rules; whether you will receive spousal support depends on the facts and circumstances and it isn't possible to advise you on that without knowing much more information. You need to consult an attorney who can provide specific recommendations after more in depth discussion of the facts with you.
    Answer Applies to: Colorado
    Replied: 7/18/2012
    Lombardi Law LLC
    Lombardi Law LLC | SUZANNE LOMBARDI
    Alaska is a no fault state. This means that the fact that your husband cheated on you makes no difference in the divorce. It may become relevant if there is a custody battle. Assuming that you are awarded custody of your two daughters you can ask the court for the proper support. An attorney can help you work through the formula for support. The support is mandated by a court rule and if he makes more money than you do and you have custody of the children you would get the support ordered by the court utilizing the factors in Rule 90.3.
    Answer Applies to: Alaska
    Replied: 7/18/2012
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    You can file a complaint at the county family court.
    Answer Applies to: New Jersey
    Replied: 7/18/2012
    Steven Alpers | Steven Alpers
    You will have to file an action. The court can only order support from the day you file the papers requesting a hearing on support.
    Answer Applies to: California
    Replied: 7/18/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    File a support hearing against him and go in front of a judge to have the court determine the proper amount.
    Answer Applies to: California
    Replied: 7/17/2012
    The Law Firm of Sarver & Guard, LLC
    The Law Firm of Sarver & Guard, LLC | Lauren Sarver
    In your divorce, you should request child support and potentially interim and final spousal support.
    Answer Applies to: Louisiana
    Replied: 7/17/2012
    Snake River Law PLLC
    Snake River Law PLLC | Mark Petersen
    Child support is determined by the Idaho Child Support Guidelines. You will need a court order requiring that child support be paid by your husband. To obtain a support order you will need to file for divorce or file a custody/support establishment case with your local county courthouse. Due to the complex nature of child support, I would recommend you obtain a local family law attorney that is familiar with the Idaho Child Support Guidelines. As for spousal support, you will need to prove that you: (1) Lack sufficient property to provide for your reasonable needs; and (2) are unable to support yourself through employment. If you prove these items, the court can issue a spousal maintenance award after considering additional facts listed in I.C.
    Answer Applies to: Idaho
    Replied: 7/17/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    It is unclear from your question whether your are asking about spousal support, child support, or both. Child support is a matter of a mathematical formula adopted by law. Calculating child support is based upon the income of the parties, the parenting time schedule (overnights), and specific expenses associated with the children (insurance premiums & child care). If your husband makes more money than you and you have primary custody (the kids stay overnight with you more often then with him) then he will most likely be ordered to pay to you child support. As for spousal support, there is no mathematical formula adopted under law like with child support. Many factors are considered (including lenght of the marriage, age of the parties, educational backgrounds and of course income). There is no guarantee of spousal support and it has become more common for courts to award it only on a temporary basis as rehabilitative and not permanent.
    Answer Applies to: Michigan
    Replied: 7/17/2012
    The Law Offices of Jill Puertas LLC | Jill Puertas
    In the state of Missouri, child support is computed using a Form 14. This form calculates the proper amount of support to be paid, while considering the income of all parties, the expenses each party pays for the children, the amount of visitation granted to each party, and the number of children to be supported.
    Answer Applies to: Missouri
    Replied: 7/17/2012
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    Once you have filed for either a legal separation or a divorce, you can make a motion for temporary orders and ask the court for child support, a parenting plan and potentially maintenance (alimony) under the appropriate circumstances.
    Answer Applies to: Washington
    Replied: 7/17/2012
    Hutchins Law, P.C.
    Hutchins Law, P.C. | Aaron Hutchins
    You should file for divorce.
    Answer Applies to: Massachusetts
    Replied: 7/17/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    File a motion on your family law case requesting support. Once you have obtained an order, obtain a garnishment to collect the money directly from his employer. His infidelity is not relevant in California.
    Answer Applies to: California
    Replied: 7/17/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    Get in to court and get an order. Then garnish the wages.
    Answer Applies to: California
    Replied: 7/17/2012
    Goddard Wetherall Wonder, PSC
    Goddard Wetherall Wonder, PSC | Brook Goddard
    The Courts have authority to award spousal maintenance (aka alimony) when there is a disparity in incomes between spouses. If you have children, the court will also enter an order of child support. The Court can also order that attorney fees be paid by the higher earning spouse if the other spouse has the need for such assistance.
    Answer Applies to: Washington
    Replied: 7/17/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    What you can get in divorce court depends on the facts of your situation.
    Answer Applies to: New Jersey
    Replied: 7/17/2012
    Bruce Plesser | Bruce Plesser
    Go through discovery process then trial if nothing.
    Answer Applies to: Florida
    Replied: 7/17/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    By filing a petition.
    Answer Applies to: New York
    Replied: 7/17/2012
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