Divorce and alimony?
Question: my wife and i have been having some problems and it's like predicting the weather, whether or not i'm giong to be in her good graces on a particular day.
we had a fight this weekend and i said something about divorce and she said you will not take the house, which is in her name. i said, that's fine, i just want out with my clothes and you can have the rest.
she said, oh, no, i'm going to get your paycheck, too.
can she do that? i make descent money and she gets paid at her business...she's the owner, but she does it in a way it's not reported as income. and she has been having a bad summer and hasn't been paid in awhile...so we've been living on my paycheck.
she said i should move out in an apartment and live for awhile and then I would see things right and get life into perspective.
this could be the freedom i've been wanting...but can she take my check? she's already getting child support from a previous marriage.
Answers: Agree with Greenranger.
The laws are different in every state. Not true, if you have been married ten years a wife can automatically take your check.
You don't say what state you are in so can't give you any links on standard divorce laws that might apply to you.
So have to go with the old tried and true... contact a lawyer.
Also, before you leave you need to try to get copies of all finance records that apply to her. You might have to show she has an income and what her worth is.
Family law varies by state. You need to talk to an attorney, not solicit advice from the nutcases on this website...
if you have been married 10 years she can get spousal support
depends where you live. Call a lawyer and find out the real deal. Oh and by the way get out of the marriage if you're not happy. I am speaking from experience 17 1/2 years of unhappy.
Get a lawyer. Thre are laws as to the distribution of marital assets, alimony, child support, etc. Agree to nothing without your lawyers blessing. You are probably entitled to your share of the house regardless of names on the deed.
alimony is x amount of dollars only. she can not get your entire paycheck. persnally I did not ask for alimony, but most women are money sucking biotches. men get screwed. I was not tying to screw my x, i just wanted happiness.
It depends whether or not you are in a no fault state. In some states, marital property and income is divided in half. In that case, you would get half of the house and she would need to buy you out. Talk to an attorney-most of them are first consultation free- then at least you will have the facts before doing anything that could cost later. Besides, since you mentioned divorce, she may have already consulted one herself. It's best to get the information from a local attorney dealing in civil/family law.
First you should check if you live in a community property state. That can make a big difference for laws in your state. You will need to hire a lawyer to defend against her and unfortunately fight fire with fire. Get the lawyer to threaten to take half her business. Sounds like that's what its going to take from a woman like that. She can get alimony from you depending on what judge you get, that is why you need an excellent divorce lawyer to help you out with this one. Ask around and find the best one in your community.
I live in the state of virginia and alimony is allowed if you are married 10 years or longer she can't get your paycheck. if the house is in her name some states still say you have interest in it if you can prove you help her make the payments. Your best bet is to go see an attorney in your area.hope this helps
She definitely has dibs on your check. The judge can even tell you to get a second job if you try getting away with saying you have too many bills to pay. My ex has a second job as we speak. He tried whining in court and he dug his own hole. The judge said, in that case it looks like you need another job. So I will raise child support another 10 % since you're getting additional employment reagrdless. See a lawyer
Most states...once you re-marry the child support can stop.
Anyways, depending on the laws and certain judges in your state, she could possibly get your paycheck. It sounds pretty nasty already...but, then again they can do an investigation on her business that she owns too...they could possibly get her for bigger stuff if she does not have clean books.
Divorce is nasty (in most cases) if that's what you really want, get a lawyer, if not, go to counseling.
Consult a lawyer, dear.
With a question as complicated as this, you should be getting competent legal advice. That is not to say that there is nobody here competent to give you an answer but there may be other factors which would affect a definite answer.
Don't move out until you speak to an attorney and make sure you aren't due any equity in the home. Also, alimony is dependent on state law. I would advise you to get copies of all records showing how and where she makes income. Get copies of how bills are paid and who is responsible for them. If you have a shared bank account, get your own and put your money in it. As long as both your names are on it, she has the right to take it. Get your ducks in a row before you go ahead and do something you may regret later.
Have you thought about counseling? It can help you and your wife learn to communicate better. Just a thought.
In Arkansas it goes like this:
Alimony may be awarded to either spouse for their support and maintenance after the divorce. An award of alimony is based on the financial circumstances of the divorcing spouses. The needs of one spouse and the ability of the other spouse to pay are the primary factors in determining alimony.
If alimony is awarded, it is usually only for a short period of time. Alimony may be paid in a lump sum payment of money or the award of some property. Adultery as the cause of the parties' separation defeats a claim for alimony in Arkansas.
Each State has a different guideline. You can look it up just for curiosity but yo should defiantly consult a legal person, soon. she may have things in the works to secure all the assets at this moment!!!!
I am going through a divorce right now.You need to go talk to a lawyer most of them give you a 1/2 hour free consult.Go to a couple of lawyers just to see what each have to say plus the more you go to that gives her less to go to because they have already heard from you.
If she has no income, ya, she stands a good chance at it, so before you leave, talk with a atty really secert squirrel like and taking some copies of the books of her business or some other proof of her income. Secondly, being as she threatened me and my income, when I agreed to her terms, I'm sorry, but I would want a equal split of yalls assets. She wants to be mature and fair, then be mature and fair, she wants to be ,,,,,,,,,, then I think you get the idea. Even if the house was her's, it's all in how long you been married and such. TAlk to a ATTY.
Alimony is dependent upon many factors. She could be having a bad year on purpose because she knows she is going to end the marriage and wants to make a showing that she needs alimony. During the divorce process, your attorney will ask for business records for the past five years to show what she is capable of making.
Talk to an attorney. As another answerer said, you shouldn't really take legal advice from the people on this site. You don't know who they really are. Someone could tell you they're a lawyer or paralegal, but really they're some little 12 year old boy with some time to kill between X-box matches with his friends.
Good luck. There's an old joke - you know why divorce is so expensive? Because it's worth it. Get a GOOD lawyer. A lawyer who works cheap is going to have two problems - one, it'll take him longer to get things done so even if the hourly rate is lower, you'll pay more; and two, the good ones are known in the legal community to be good, and the bad ones are known to be bad. You'll be better off with an attorney who is respected in the legal community than with someone all the other lawyers think is a hack. Ask around. If you don't know who the big divorce attorneys are in town, if your boss, or your boss's boss, is divorced, ask them who they used. Ask people who have money and position - those folks will use the good lawyers because they want to hang onto what they've worked hard to earn.
Good luck to you.
I've was in the same situation as you and to answer your question: she cannot take your check. she can file for alimony and the amount she gets depends on the courts and your attorneys. this also true for child support. the courts can only take a certain percentage of your income for spousal support. also property bought/owned during your marriage must be split 50/50. (in most states). since your a guy the courts will screw you so be glad if you end up with the clothes on your back and enough of your pay check to buy bread and some lunch meat. my ex-wife gets 43% of my salary. also during/if divorce report her business, it is income and by law she should be paying taxes. she is violated state and federal tax laws by not filing a return on the income she earns. shes gonna screw you screw her back with that.
we had a fight this weekend and i said something about divorce and she said you will not take the house, which is in her name. i said, that's fine, i just want out with my clothes and you can have the rest.
she said, oh, no, i'm going to get your paycheck, too.
can she do that? i make descent money and she gets paid at her business...she's the owner, but she does it in a way it's not reported as income. and she has been having a bad summer and hasn't been paid in awhile...so we've been living on my paycheck.
she said i should move out in an apartment and live for awhile and then I would see things right and get life into perspective.
this could be the freedom i've been wanting...but can she take my check? she's already getting child support from a previous marriage.
Answers: Agree with Greenranger.
The laws are different in every state. Not true, if you have been married ten years a wife can automatically take your check.
You don't say what state you are in so can't give you any links on standard divorce laws that might apply to you.
So have to go with the old tried and true... contact a lawyer.
Also, before you leave you need to try to get copies of all finance records that apply to her. You might have to show she has an income and what her worth is.
Family law varies by state. You need to talk to an attorney, not solicit advice from the nutcases on this website...
if you have been married 10 years she can get spousal support
depends where you live. Call a lawyer and find out the real deal. Oh and by the way get out of the marriage if you're not happy. I am speaking from experience 17 1/2 years of unhappy.
Get a lawyer. Thre are laws as to the distribution of marital assets, alimony, child support, etc. Agree to nothing without your lawyers blessing. You are probably entitled to your share of the house regardless of names on the deed.
alimony is x amount of dollars only. she can not get your entire paycheck. persnally I did not ask for alimony, but most women are money sucking biotches. men get screwed. I was not tying to screw my x, i just wanted happiness.
It depends whether or not you are in a no fault state. In some states, marital property and income is divided in half. In that case, you would get half of the house and she would need to buy you out. Talk to an attorney-most of them are first consultation free- then at least you will have the facts before doing anything that could cost later. Besides, since you mentioned divorce, she may have already consulted one herself. It's best to get the information from a local attorney dealing in civil/family law.
First you should check if you live in a community property state. That can make a big difference for laws in your state. You will need to hire a lawyer to defend against her and unfortunately fight fire with fire. Get the lawyer to threaten to take half her business. Sounds like that's what its going to take from a woman like that. She can get alimony from you depending on what judge you get, that is why you need an excellent divorce lawyer to help you out with this one. Ask around and find the best one in your community.
I live in the state of virginia and alimony is allowed if you are married 10 years or longer she can't get your paycheck. if the house is in her name some states still say you have interest in it if you can prove you help her make the payments. Your best bet is to go see an attorney in your area.hope this helps
She definitely has dibs on your check. The judge can even tell you to get a second job if you try getting away with saying you have too many bills to pay. My ex has a second job as we speak. He tried whining in court and he dug his own hole. The judge said, in that case it looks like you need another job. So I will raise child support another 10 % since you're getting additional employment reagrdless. See a lawyer
Most states...once you re-marry the child support can stop.
Anyways, depending on the laws and certain judges in your state, she could possibly get your paycheck. It sounds pretty nasty already...but, then again they can do an investigation on her business that she owns too...they could possibly get her for bigger stuff if she does not have clean books.
Divorce is nasty (in most cases) if that's what you really want, get a lawyer, if not, go to counseling.
Consult a lawyer, dear.
With a question as complicated as this, you should be getting competent legal advice. That is not to say that there is nobody here competent to give you an answer but there may be other factors which would affect a definite answer.
Don't move out until you speak to an attorney and make sure you aren't due any equity in the home. Also, alimony is dependent on state law. I would advise you to get copies of all records showing how and where she makes income. Get copies of how bills are paid and who is responsible for them. If you have a shared bank account, get your own and put your money in it. As long as both your names are on it, she has the right to take it. Get your ducks in a row before you go ahead and do something you may regret later.
Have you thought about counseling? It can help you and your wife learn to communicate better. Just a thought.
In Arkansas it goes like this:
Alimony may be awarded to either spouse for their support and maintenance after the divorce. An award of alimony is based on the financial circumstances of the divorcing spouses. The needs of one spouse and the ability of the other spouse to pay are the primary factors in determining alimony.
If alimony is awarded, it is usually only for a short period of time. Alimony may be paid in a lump sum payment of money or the award of some property. Adultery as the cause of the parties' separation defeats a claim for alimony in Arkansas.
Each State has a different guideline. You can look it up just for curiosity but yo should defiantly consult a legal person, soon. she may have things in the works to secure all the assets at this moment!!!!
I am going through a divorce right now.You need to go talk to a lawyer most of them give you a 1/2 hour free consult.Go to a couple of lawyers just to see what each have to say plus the more you go to that gives her less to go to because they have already heard from you.
If she has no income, ya, she stands a good chance at it, so before you leave, talk with a atty really secert squirrel like and taking some copies of the books of her business or some other proof of her income. Secondly, being as she threatened me and my income, when I agreed to her terms, I'm sorry, but I would want a equal split of yalls assets. She wants to be mature and fair, then be mature and fair, she wants to be ,,,,,,,,,, then I think you get the idea. Even if the house was her's, it's all in how long you been married and such. TAlk to a ATTY.
Alimony is dependent upon many factors. She could be having a bad year on purpose because she knows she is going to end the marriage and wants to make a showing that she needs alimony. During the divorce process, your attorney will ask for business records for the past five years to show what she is capable of making.
Talk to an attorney. As another answerer said, you shouldn't really take legal advice from the people on this site. You don't know who they really are. Someone could tell you they're a lawyer or paralegal, but really they're some little 12 year old boy with some time to kill between X-box matches with his friends.
Good luck. There's an old joke - you know why divorce is so expensive? Because it's worth it. Get a GOOD lawyer. A lawyer who works cheap is going to have two problems - one, it'll take him longer to get things done so even if the hourly rate is lower, you'll pay more; and two, the good ones are known in the legal community to be good, and the bad ones are known to be bad. You'll be better off with an attorney who is respected in the legal community than with someone all the other lawyers think is a hack. Ask around. If you don't know who the big divorce attorneys are in town, if your boss, or your boss's boss, is divorced, ask them who they used. Ask people who have money and position - those folks will use the good lawyers because they want to hang onto what they've worked hard to earn.
Good luck to you.
I've was in the same situation as you and to answer your question: she cannot take your check. she can file for alimony and the amount she gets depends on the courts and your attorneys. this also true for child support. the courts can only take a certain percentage of your income for spousal support. also property bought/owned during your marriage must be split 50/50. (in most states). since your a guy the courts will screw you so be glad if you end up with the clothes on your back and enough of your pay check to buy bread and some lunch meat. my ex-wife gets 43% of my salary. also during/if divorce report her business, it is income and by law she should be paying taxes. she is violated state and federal tax laws by not filing a return on the income she earns. shes gonna screw you screw her back with that.
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