Is there a way to ensure I get alimony and child support after a divorce? 16 Answers as of May 09, 2011

I've been married to my husband for a little over 2 years. I want to get a divorce but he threatens me saying I can't have our child and can't leave due to no financial support. I'm afraid to try due to the costs and unsure how I can support my child and myself with out a current job. I am a stay at home mom, what am I able to collect to ensure I can provide even if it's a years worth to get me back on my feet?

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Yes, of course, you can get child support and likely temporary maintenance - regardless of what he tells you. The courts will trump his threatening statements. What you're able to collect may depend upon your ability to work and how much your husband earns. There are also public assistance programs available to you if you can't afford to live. Good luck.
Answer Applies to: New York
Replied: 5/9/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If you get a divorce, you can get a wage assignment to enable your spousal support and child support to be paid by your husband's employer. On a two year marriage, you should be entitled to one year of spousal support, and child support would be based on your husband's income, your income, and the percentage of your and your husband's timeshare with your child. However, if your husband loses or quits his job, there is no assurance that you will receive support, although you could seek support based on his unemployment insurance payment - but that would not entitle you to a lot of support. It would be in your best interest to make an effort to develop your own income, whether through employment, work at home, telemarketing, getting some education or training, etc. so that you won't be totally dependent upon on your husband for support.
Answer Applies to: California
Replied: 5/5/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Do to the short length of marriage, you are not likely to receive alimony, except that you may receive some temporary support, just as you describe to get back on your feet. Further, even though men and women are supposedly equal under the law, the younger the child, in my experience, the higher the probability the mother will get the child absent other circumstances. If you get custody, he must pay support. Stay well.
Answer Applies to: Alabama
Replied: 5/5/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
Yes, you can file an immediate hearing for child support, spousal support and attorney fees. You may file for support while you are still residing in the home and you can request that you be given enough funds to move or that the court order that he moves from the home while the divorce is pending. If you have no income for an attorney, you may also request that he pay for your attorney fees.
Answer Applies to: California
Replied: 5/5/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
If he has a job where he gets a paycheck there will be a mandatory income withholding order entered. If you wish to discuss further you can contact our firm.
Answer Applies to: Connecticut
Replied: 5/5/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    In IL child support is automatic. If you divorce the courts will automatically order him to pay child support. As for alimony or maintenance, as it is now known, the courts will take things into consideration as to whether you qualify for maintenance and if so, how much and for how long.
    Answer Applies to: Illinois
    Replied: 5/5/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Threats made by ignorant people are more effective as intimidation than as statements of truth. There is no way to guarantee any result, but if you do not file for divorce you can be sure his threats will become true. You will not be denied primary parenting responsibilities simply because you don't have a job and if the child continues to reside with you your husband will have to pay child support. With a short term marriage, alimony is not certain because the court must make that decision after reviewing all the facts and circumstances. You should attempt to consult an attorney who can evaluate the situation and give you more information about the possibilities.
    Answer Applies to: Colorado
    Replied: 5/5/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Your soon-to-be-ex husband is wrong on all of this. and he is a bully. do not accept what he is giving you. I can help. I have been doing this for many years. Let us talk about child custody (who raises the child, and when the other parent gets time with the child), child support, alimony, division of assets and other issues. You need to know what the law is, and how it affects your situation. Then you can plan what you want to do. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be. In your situation, I may be able to get the Court to force him to pay part or even all of your lawyer's fees. I recently got an award of Ten Thousand Dollars to be used for the attorney's fees and other costs for a stay-at-home mom. I will see what I can do for YOU!
    Answer Applies to: New Jersey
    Replied: 5/5/2011
    Law Office of Martin Blank
    Law Office of Martin Blank | Martin E. Blank
    Child support will be determined based upon parenting time and income. This is very enforceable and you should receive help from the friend of court. Alimony (spousal support) will be determined by many different factors. It is enforceable, but unless your husband has a regular paycheck, it is more difficult to enforce.
    Answer Applies to: Michigan
    Replied: 5/4/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    You will need to file for divorce and seek an award of temporary and permanent child support and alimony based on your circumstances. You should also be attempting to find gainful employment and sufficient living arrangements for yourself and your child in the event your husband fails to obey the court order and risks being held in contempt.
    Answer Applies to: Georgia
    Replied: 5/4/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You'll be able to get child support if you've been the primary caretaker and he doesn't end up being one. Maintenance, on top of the support depends on a lot of factors and your short marriage does not help. Consult with an experienced family law attorney so he/she can access all of the factors and make a better guess than I can with hardly any facts. Good luck.
    Answer Applies to: Washington
    Replied: 5/4/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Courts make custody determinations based on what the court believes is in the child's best interests. In a contested case, there may be a custody evaluation and, eventually a trial where evidence would be presented to support each parent's contention that they should be awarded primary physical custody. Child support would be determined only after custody is established based on child support guidelines. Spousal support is extremely unlikely on a short term, two year marriage.
    Answer Applies to: Minnesota
    Replied: 5/4/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Consult an experienced, local Family Law Attorney for a free consultation, or contact the Court Facilitator in your Courthouse, if one is available.
    Answer Applies to: California
    Replied: 5/4/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If you are unemployed, you are likely entitled to child and spousal support. You cannot get retroactive support, however. You only are entitled to it on an ongoing basis. As for custody and visitation, there is no reason that you have indicated for why you wouldn't be able to get custody and timeshare orders that grant you time with the child. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/4/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    With such a short marriage, it is highly unlikely that you would receive alimony. However, if you retain (sole) physical custody of your child, then you would certainly be entitled to child support.
    Answer Applies to: Massachusetts
    Replied: 5/4/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    Spousal maintenance (i.e., alimony) and child support totally depend on the circumstances (i.e., the difference between the parties' incomes, who gets primary custody of the child(ren), etc. If you're in Western Washington, feel free to contact my office for a free, no obligation consultation regarding your family law case.
    Answer Applies to: Washington
    Replied: 5/4/2011
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