What am I entitled to in our divorce? 21 Answers as of June 20, 2011

My husband and I of 7 years are getting a diverse and I just wanted to know what I am entitled to. We have two girls and I was a stay at home mom married to a soldier. He makes 3220 a month and I just wanted to know how much should I ask for alimony and child support? I just started a part time job and make 1000 a month and I am a full time student.

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
It is impossible to advise you of"how much" since it is much more complex than that. Consult with a divorce lawyer and you'll get all your answers. Good luck.
Answer Applies to: New York
Replied: 6/20/2011
Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
If you have been married only 7 years, there would be a presumption against alimony. As for child support, there is a formula that the state uses to determine that.
Answer Applies to: Florida
Replied: 6/20/2011
Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
You should review your specific situation with an attorney in your area. It is difficult to give you a specific answer without a great deal more information. Under Washington law child support is determined by completing a child support worksheet - you should be able to find a copy online. Spousal support is not set according to a formula, but based on what the particular judge thinks is fair. A good starting point might be an amount that would leave each of you with the same income., with child support then calculated based on those incomes.
Answer Applies to: Washington
Replied: 6/20/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
A very good question and to fully answer it, I usually meet with a client for an extended period of time. Child support, spousal support are certainly factors; property division; your schooling and income will be factors; retirement accounts; etc. Divorces are actually quite complex, so please call to discuss.
Answer Applies to: Oregon
Replied: 6/20/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
You may find the attached helpful. There are child support guidelines that are a formula that calculates the presumptive amount of support. Alimony would be in addition to the support. As a general principle alimony and support combined is ordinarily a bit more than half of the combined net income since the parent with the kids has more than half of the family unit.
Answer Applies to: Connecticut
Replied: 6/20/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    Child support is governed by support guidelines and a table using your respective incomes. Spousal maintenance is based on many factors, including one's need after considering expenses and the other spouses ability to pay.
    Answer Applies to: Washington
    Replied: 6/20/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    As far as child support is concerned, in IL you are entitled to 28% of his income. For spousal support the court will take into consideration the length of marriage, whether or not you are employable, the length of time you have worked during the marriage, amongst other factors. I encourage you to hire an attorney to protect your interests and your rights.
    Answer Applies to: Illinois
    Replied: 6/20/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You will be entitled to a fair share of all marital property. If the kids continue to reside primarily with you, you will receive child support. If there is no child under 2 1/2, you will be expected to find employment within a reasonable time. You may be entitled to some spousal support, but how much and for how long will depend on evaluating all the facts and circumstances, including what debts have to be paid. Spousal support generally involves a balancing of your needs against your husband's ability to pay, after taking into account how much he pays in child support and what debts he still has to pay. There are no simple rules and it requires a full understanding of all the financial information to say what is fair and appropriate.
    Answer Applies to: Colorado
    Replied: 6/20/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    Child support and alimony are determined by the courts. You would request "guideline" support. The court would run the dissomaster and advise you of the support. Since a military divorce presents different issues, you should contact an attorney who has experience with military pay, pensions and knowledge of the soldiers and sailors act.
    Answer Applies to: California
    Replied: 6/20/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    First, you should ask for child support. If the children are living primarily with you, you are entitled to that. How much child support will be is based upon a mathematical formula, each of your incomes, and some other details. Without going through all of the mathematics, I would guess that child support will likely be somewhere in the neighborhood of $500 - $600 per month. Spousal maintenance (alimony) is based upon a number of factors. Two of the big factors are "need" and "ability to pay." You have to have a need for maintenance, and he has to have an ability to pay maintenance. If we suppose that his income if $3,220 per month and your income is $1,000 per month, and if you get child support at $500 per month, then, his income has gone down to $2,720 per month and yours has gone up to $1,500 per month. If you were to ask for $700 per month in maintenance, that would take his income down to $2,020 per month. It would raise your income to $2,200 per month. Now, these numbers are really just rough guesses. There are a number of other factors as well that have to be considered that could change all of the figures either up or down. However, based on the limited information you've given, these figures are probably "in the ballpark."
    Answer Applies to: Washington
    Replied: 6/20/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    In Florida you may be entitled to rehabilitative support and child support.
    Answer Applies to: Florida
    Replied: 6/20/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    Your question is on support, but that will depend on the placement of the girls. If it will be primary to you, then 25% of his gross income will be the child support. The maintenance depends, and may or may not be ordered in your case. It would depend on other factors, both financial and living arrangements. We do offer a no charge initial consult for 30 minutes. We also offer payment arrangements as well.
    Answer Applies to: Wisconsin
    Replied: 6/20/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    There is a lot of information missing from your blurb making it difficult to answer. Is the income you say he is making including or not including housing and food? How long have the two of you been separated? If the children are with you, support for the children will be mandatory and there are guidelines that say how much. It isn't a guessing game or a "pick a number" game. I think you need to consult with an attorney to get a better answer after review of all the relevant information.
    Answer Applies to: Connecticut
    Replied: 6/20/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    It varies greatly from State to State; you should consult with a qualified family law attorney to go over all specifics. Also, you should make sure that you are awarded your portion of the future military retirement - which is probably more valuable than all the rest of your property combined.
    Answer Applies to: Nevada
    Replied: 6/20/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We are divorce attorneys in Augusta, Georgia. I would recommend you retain and sit down with a divorce lawyer to discuss all the facts and circumstances. Your divorce attorney will be able to calculate the Georgia child support guidelines and advise you as to all the other divorce-related issues. Good luck!
    Answer Applies to: Georgia
    Replied: 6/17/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    If you are residing in California this is a community property state. You are entitled upon divorce to 50% of the "net assets" of your marriage. As to what the amount of your child support will be that will depend upon many factors, including critically what % of time both parents have physical custody of the children. The more you have the children the higher the child support is likely to be. As to spousal support whether you are able to receive spousal support will be up the judge and normally with a marriage less than ten years the longest spousal support is awarded is for the length of the marriage. If you contact our office you can come in and we can run a "dissomaster" for you to tell you more closely what the child support will be.
    Answer Applies to: California
    Replied: 6/17/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You are entitled to half of all community property, all your separate property, custody and visitation orders, and support orders (depending upon income). Child and spousal support is not determined by how much you want. It is a mathematical equation based upon a number of factors. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/17/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer to your question is not a simple one. Much depends on what the court decides with regard to custody and parenting time. A court must also assess each party's earning capacity to determine if an award of spousal maintenance is appropriate and, if so, the amount and duration of the award. You should consult with legal counsel.
    Answer Applies to: Minnesota
    Replied: 6/17/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Assuming you get custody, you obviously are entitled to child support. The numbers for that may affect the need and amount of alimony. In a case such as this you need to sit down with a lawyer who will review your detailed financial circumstances, and his, now and projected in the future. Your case will go better if you do this than if you represent yourself.
    Answer Applies to: Georgia
    Replied: 6/17/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    The child support is set by a formula based upon your incomes, though there can be reasons to deviate from the prescribed amount. As for your assets and debts, those will be divided fairly and equitably.
    Answer Applies to: Washington
    Replied: 6/17/2011
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