What can I do if I just got served divorce papers and I am expected to support my ex? 1 Answers as of May 19, 2011She moved out 11-2010. I have been paying 95% of the bills. Now she wants support and 1/2 the property child support. She took everything she wanted when she moved and came back at later dates and went through everything and took all the things she wanted cant afford a lawyer any ideas.
John E. Kirchner, Attorney at Law | John Kirchner
What your wife wants and what she can reasonably expect to get in a final divorce settlement are not the same thing. If you and she cannot agree, a judge will have to decide how the property is divided, who pays what debts, and whether spousal support to her is justified by the law and the facts. Depending on what you mean by paying 95% of the bills, whatever part of that is directly benefiting her is probably what is considered "support in kind". After the divorce, you will be responsible for your "bills" and she will be responsible for her "bills". If you are including credit card debt, mortgage payments, car payments & similar debts in your definition of "bills", generally a court will assign responsibility to the party who keeps the property or who has the better ability to pay the debt, after deciding whether spousal support is to be paid and after determining who is legally liable on the debt. If both parties are legally liable to the creditor, there is nothing the divorce judge can do to get one of you off that debt, but one of you can be assigned primary responsibility to pay it. You should, at the very least, arrange for a one-time consultation with an attorney who can better assess your specific situation and offer you some advice about what to expect.
Answer Applies to: Colorado