What financial support can I get from my husband who just left me? 30 Answers as of June 23, 2011

My husband just left me for another woman, and we have a 1 year old baby together. How much does he need to pay for child support and we also own a car together, does he still need to pay for my car?

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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
Every parent has a legal duty to support his/her minor children. The court can order either or both parents to pay a reasonable amount for child support. The major facts the the cour considers when determining the amount of child support are the parents' earnings or earning capacity, and the children's ages and needs. Washington is a no-fault dissolution state. Although the fact that your husband left you and your child for another woman may be reprehensible, it will not affect the dissolution itself. Depending on your personal situation, you may qualify for maintenance as well as child support. Maintenance can be awarded to a spouse for a variety of reasons. I would suggest that you contact an attorney immediately. Please feel free to contact me for consultation.
Answer Applies to: Washington
Replied: 6/23/2011
Vermeulen Law office P.A.
Vermeulen Law office P.A. | Cynthia J.Vermeulen
In Minnesota, if you are the primary caretaker of your child, you are entitled to seek child support from your husband. You may also be entitled to seek temporary or permanent spousal maintenance (alimony) and contributions to debts, such as the mortgage, loan payments and other ongoing debt. Once you consult and hire an experienced family attorney, you can start your divorce and begin the process of seeking financial support. It is always difficult to manage the stress and anxiety of this type of situation when a spouse leaves, however, turn to your friends, family, neighbors or others for support. There are numerous support groups for newly-separated parents which are usually free, as well as community groups, church groups or other organizations which may be resources in your community. Contact an attorney to discuss how he or she would approach your case and to determine if you feel comfortable working with this attorney on your family case. If so, discuss the hiring procedure and timeline. Feel free to ask as many questions as you wish in order to better understand the process.
Answer Applies to: Minnesota
Replied: 6/13/2011
Gresham Family & Bankruptcy Law
Gresham Family & Bankruptcy Law | Lillian Suelzle Watson
You can obtain child support through the Division of Child Support for the State of Oregon even prior to being divorced. There is a formula that looks at your income and your husband's and calculates how much you will receive in child support. Look them up in your local area and contact them. They will get you child support without you hiring an attorney. Regarding the car, my question is where is the car? Did he leave it with you? He is still obligated on the loan so it will hurt his credit if the payments are missed or late. If you file for a divorce you may be entitled to spousal support for a "reasonable period of time" based on the length of your relationship. Good luck.
Answer Applies to: Oregon
Replied: 6/13/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You should file and serve a Divorce case and an Order to Show Cause for Child Custody, Child Support, Spousal Support, and Attorney's fees. You would best be represented by an experienced Family Law Attorney. Temporary Spousal Support is set by a guideline in your county, based on your husband's income and your income. Temporary Child Support is set by a guideline in your county, based on your husband's income, your income, and the percentage of your husband's custodial timeshare. If your husband earns substantially more than you do, you would qualify for an order requiring your husband to pay attorney's fees.
Answer Applies to: California
Replied: 6/13/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You will be entitled to child support and you may be entitled to spousal maintenance. I can't provide you with actual numbers without more information such as your respective incomes and expenses.
Answer Applies to: Washington
Replied: 6/13/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    To get support, in Ohio you must either file a divorce complaint or a complaint for formal separation. Please consult a domestic relations attorney near you for further information.
    Answer Applies to: Ohio
    Replied: 6/10/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Child support would be determined by a number of factors, primarily his net income, health insurance expenses for the child, daycare expenses, etc.
    Answer Applies to: Florida
    Replied: 6/10/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    In IL, he will be required to pay 20% of his income in child support. As for the payment of the car, it depends on other factors that weigh in the divorce. I encourage you to contact the office to discuss your situation in more detail.
    Answer Applies to: Illinois
    Replied: 6/10/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer to your question is not a simple one. Unlike Minnesota's child support statutes, there are no percentage guidelines to determine when spousal maintenance is appropriate or at what level. In Minnesota, trial courts have broad discretion in deciding whether to award maintenance and in determining its duration and amount. As a result, spousal maintenance often becomes one of the most contested issues in divorce proceedings.Currently, spousal maintenance awards are granted pursuant to Minnesota Statutes 518.552 if the spouse seeking maintenance demonstrates that he or she:(1) lacks sufficient property, including marital property apportioned as part of the divorce to provide for the reasonable needs of the spouse considering the standard of living established during the marriage, especially, but not limited to, a period of training or education; or(2) is unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstance, through appropriate employment, or(3) is the custodian of a child whose condition and circumstances make it appropriate that the custodian not be required to seek employment outside the home.In determining the amount and duration of spousal maintenance, Minnesota statutes require that Courts address all relevant factors. The statute specifically identifies the following as relevant issues in determining spousal maintenance: (1) The financial resources of the spouse seeking maintenance; (2) The amount of time that is necessary for the spouse seeking maintenance to acquire necessary skills or education to find appropriate employment; (3) The age and physical and emotional health of the recipient spouse; (4) The standard of living established during the marriage; (5) The length of the marriage; (6) The contribution and economic sacrifices of a homemaker including loss of seniority, retirement benefits and other employment opportunities foregone while working at home (7) The financial resources available to the spouse from whom maintenance is sought.No single factor is dispositive and the Courts must weigh all factors giving appropriate weight to each.
    Answer Applies to: Minnesota
    Replied: 6/10/2011
    Palomino Law Firm, P.C.
    Palomino Law Firm, P.C. | Debra Palomino
    If you are ready to divorce him, then you need to file and request child support, custody, division of debt/property, and if eligible for spousal maintenance. The package of forms you need are free at Maricopa County Superior Court through its Self Service Center. You can always contact my office for a consultation for further assistance.
    Answer Applies to: Arizona
    Replied: 6/10/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Child Support will depend on the combined incomes of both you and him and is based on the Florida Child Support Guidelines. So, it can vary widely from one case to another. As for any other support, that would depend on the length of your marriage and several other factors. 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. If you would like to coordinate a free initial telephone consultation, please contact my office.
    Answer Applies to: Florida
    Replied: 6/10/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    I assume that you will want to file for divorce and set a hearing for temporary orders. The purpose of the temporary orders hearing is to get the ground rules for the case until the case can either be settled or go to trial. At the temporary orders hearing, the court will almost surely order some amount of child support to be paid. How much child support will depend on a number of factors. The most important factors are: (1) how much money does he earn and (2) how much money do you earn. Other issues to address at the temporary orders hearing include: whether there should be any temporary maintenance paid, and how much; how the bills are to be divided; and who gets the use of which items of property. The answers to all of these questions tend to be interrelated. For example, if your spouse is ordered to pay you a large amount of temporary maintenance, and if you are the one with the car, then, likely, you would have to make the payment. On the other hand, if there was little or no maintenance (and depending on your incomes) he might be ordered to make the car payment.
    Answer Applies to: Washington
    Replied: 6/10/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    He doesn't have to do anything until you get a divorce court to tell him what he has to do. Unless a court decides the child should live with him, he will have to pay child support. Depending on the rest of the facts he may have to pay spousal support (alimony) for some period of time and he might be required to pay for the car. Usually, however, the person who keeps the car is required to pay for it. There are no simple rules for property and money issues in divorce so you need to consult an attorney who can give you more specific advice based on an understanding of all the facts.
    Answer Applies to: Colorado
    Replied: 6/10/2011
    Brian Walker Law Firm, P.C.
    Brian Walker Law Firm, P.C. | Brian Walker
    Child support is calculated using a formula based upon the overall and relative income levels of the two parties. In Washington it is based upon net income and in Oregon it is based upon gross income. That is the general rule. Spousal support (alimony), may also be available depending upon the relative income levels of the parties, i.e.; the need of one party for support and the ability of the other party to pay. This amount is not as predictable as child support is and requires more of an evaluation of your overall circumstances. As for the vehicle, the party responsible for payment is usually the party who uses the vehicle, however, that payment may be shifted to the other party based upon spousal support considerations. If you have any further questions, please feel free to contact me.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law the answers depend on many factors, including the income of each party. He will need to pay child support, but you would need to run a child support calculation to get an idea as to how much that might be. Please consult with an attorney in your area as to your specific situation.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You are entitled to child support and possibly spousal support. The amount depends on how much he earns or is capable of earning, and what your overall expenses are. You can calculate your child support by going on-line to the Oregon Department of Justice website, and clicking the child support guideline calculation. If you file for divorce, the court will probably also require him to pay for the car loan, possibly by ordering him to pay spousal support to you in a sufficient amount so you can make the payment. Since he is a debtor on the car loan, he is still legally liable for the debt, even though you may be awarded the car.
    Answer Applies to: Oregon
    Replied: 6/10/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Jacob T. Erickson
    In Minnesota, child support is calculated based on the mother and father's combined income. The child support that is paid to the primary parent is based on the amount of visitation that is awarded to the non-primary parent. There are only three levels of child support reductions for the non-primary parent, and almost all non-primary parents fall into the middle tier. If you want him to provide you with financial assistance for your personal needs, such as paying for a car, you will need to ask the Court for an award of spousal support in a dissolution action.
    Answer Applies to: Minnesota
    Replied: 6/10/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I would urge you to retain a divorce attorney as soon as possible to go over all your rights, including the potential for alimony, an equitable property division, debt division, and child support, which is, in Georgia, in accordance with the Georgia child support guidelines. To calculate child support, your divorce lawyer will need to know your gross income, his gross income, and whether there is any daycare cost or health insurance cost. You should also discuss with your divorce attorney the impact of adultery on a divorce, which we have sometimes addressed in our Ga divorce blog. I hope this reply and general information has helped. Again, first seek out a divorce attorney.
    Answer Applies to: Georgia
    Replied: 6/10/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Child support will be based on the Child Support Guidelines and you can request that he also take care of the car bill.
    Answer Applies to: Connecticut
    Replied: 6/10/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    There is no set amount that a person pays for child support. It is calculated based on income. As to the car, if it is in both names, he is best to make sure it is paid for so as to protect his credit. If it is only in your name, he might not care about it. To protect yourself, you might consider filing for divorce or a custody application.
    Answer Applies to: Connecticut
    Replied: 6/10/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If you and your husband can't reach an agreement on child support, temporary spousal support, and assigning responsibility for paying certain debts, then you can file a motion with the court requesting orders on such issues. To determine the amount of child and spousal support, you need to go to your local court's legal self-help center, or contact a local family law lawyer who can run such numbers after getting income and expense data from you (i.e., to run child/spousal support, one needs to enter each parties income, as well as other allowable deductions). Good luck!
    Answer Applies to: California
    Replied: 6/9/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Depending on the length of marriage, he may owe you alimony and child support. The child support is determined by Rule 32 of the Alabama Rules of Judicial administration into which both of your income is considered by plugging it into a chart that results in the noncustodial parent's obligation. Stay well.
    Answer Applies to: Alabama
    Replied: 6/9/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    The amount of child support depends on your incomes.You might get maintenance too. Yes, he might have to pay for your car. You find out by filing for divorce and moving the court for temporary orders asking for child support, maintenance and for him to pay your car payment and maybe more.
    Answer Applies to: Washington
    Replied: 6/9/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    He will likely be obligated to pay child and spousal support. You will then pay your bills as needed (perhaps the car is one of the expenses you will pay). The actual support amount depends upon the relative earnings of the parties, the time share percentage, and other relevant 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: 6/9/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Unfortunately this is not a question that can be answered via email. You need to consult with an attorney regarding your specific financial details and they can help you determine child support, property and debt division, and spousal support once they have those details.
    Answer Applies to: Georgia
    Replied: 6/9/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    In order to determine child and spousal support you need to provide the financial information of the parents. I can then predict the support that you will receive, and commence the proceedings to receive the payments. There is normally at lease two months between the time you ask for support, and the time you receive support. Therefore we should begin the process as soon as possible.
    Answer Applies to: California
    Replied: 6/9/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    Child support will be determined according to the amount of money each of you makes and the percentage of time you spend with your child. You are both responsible for the car payment so he is not able to cease paying it. You should immediately file for child support and spousal support, particularly if you are not working. You should contact an attorney for assistance with your particular case.
    Answer Applies to: California
    Replied: 6/9/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Get a lawyer - now. I cannot stress how vital that is. That is the best way to protect yourself. (If you can't afford that, at least file a child support case with the state).
    Answer Applies to: Georgia
    Replied: 6/9/2011
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