Lifeline
recently joined
Reged: 02/20/12
Posts: 16
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My husband and I have been married 1 year. We have an 8 and a half month old daughter and he has an 8 year old from a previous relationship where he has 50/50 custody. I was a stay at home mother while he worked out of town for weeks and home for 2-4 days because his position got cut and was forced to travel or have to quit.
His net income is $27,000/yr and mine is zero. He is 38 and I am 28 years old. I am living with my aunt, and am unable to work because I have no money for daycare or a sitter. My husband is trying to tell me that just because I have lots of family here, that I should be able to get a job at least part time. I disagree though as it is HIS responsibility not my family to support me whether it be with money or daycare.
I have filed for disolution of marriage, and am asking for $650 in child support and $650 every two weeks in alimony.
We have no marital assets.
I am one semester away from a BS in Elementary Education, and I believe he should pay for my books and final exam, along with daycare for me to finish school.
Because of his affair in july, he forced me out of the house in December because the lease was up. He is now renting a house in the same neighborhood and I am forced to live at my aunt's house.
I have also filed for temporary custody/relief, and while he keeps trying to get me to have his daughter overnight for 3 to 4 nights at a time on the 2 weeks he is off, I have told him that because he has a girlfriend, and because he is essentially a stranger to his daughter because of his work schedule, I am only allowing him to see her in a public place such as a park. He has begged me and begged me to then at least let my daughter come over for 4 hours because his son is missing her, but I still think and have told him a public place is better for her right now until a judge makes a final judgement.
What are my chances of receiving what I am asking for? He tells me it is not going to be a good thing when it goes to court because he says I am preventing him from being with his daughter. I am only looking out for her best interests.
BTW.. I filed both sets of papers with no attorney and I know he cannot afford one either, so I am expecting him to answer his petition by himself.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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First, his girlfriend is irrelevant to any of the issues. I understand that it upsets you, but it is not a legal issue. If adultery was involved, the court may consider it only to the extent it affects the best interests of the child.
Second, alimony/spousal support is extremely unlikely based on a one year marriage and at your age. If any is awarded, it would be extremely short term. It is true that it is likely you will be required to find employment or some other means of support.
The court may consider the following things in Florida for Spousal Support:
- Adultery of either spouse during the marriage, and the circumstances surrounding it
- The standard of living established during the marriage
- The duration of the marriage
- The age and health of both spouses
- The financial resources of each party
- The time necessary for either party to acquire sufficient education or training to enable that party to find suitable employment
- All sources of income available to each party
Third, his parenting time may depend on many things including his past history of care with the child. If he has cared for the child in the past, it would be difficult to argue that now, because you are getting a divorce, he should have only supervised access. Certainly, if there were to be supervised parenting time, that would not last long and it would move to a more regular parenting schedule to include overnights. Keep in mind that if you deny the other parent access unreasonably, that can be used against you in court. Also keep in mind, that he is the parent of the child= and that child was born during the marriage. As a result, in the absence of a court order, there is nothing that precludes him from having the child in his care at any time.
In short, I think your expectations are over-reaching and unlikely to be realized.
Edited by Maury (02/20/12 05:57 PM)
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Lifeline
recently joined
Reged: 02/20/12
Posts: 16
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So you are saying you believe it is extremely unlikely I will receive any alimony because of my age and length of marriage? So for asking for $1200/month in alimony until I remarry you think is a bit unreasonable?
How much of a factor will his income to monthly expenses be? When I left, he basically has all the same bills. I do not have rent,utility,car payment,etc. If he nets 2300/month and his monthly bills come to 2000.00/month, wont he be liable for the extra $300.00 to pay me in alimony? With me not having any income, his CS will come to about $490.00. He is still paying my car insurance and health insurance of (80 for car and 350 month for health insurance), but I think he should be still paying for my phone, gas, food expenses, and my school loan of 120 a month.
I am not arguing with you, I just want to be clear on what you are saying.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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There is absolutely NO CHANCE you would receive spousal support until you remarry. The only question is, if any spousal maintenance is awarded at all, how short will that duration be. It is unlikely to be longer than the length of your very short marriage.
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ssmom79
Carpal \'Tunnel
Reged: 06/27/07
Posts: 7783
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I'm from Florida. My sister was married four years and had a child with him. When they divorced due to his infidelity she asked for child support and alimony based on the fact she never worked, was a stay home mom, and he was the only breadwinner. She was not awarded any spousal support. The judge said the marriage was not long enough and the difference between the income of the two parties was not disproportional in a way the court found warranted even rehabilative alimony just to get her on her feet.
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ssmom79
Carpal \'Tunnel
Reged: 06/27/07
Posts: 7783
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It is very unlikely you will be awarded any alimony.
You will be awarded child support. They will input your wages at minimum wage and they will use his wages to put in the child support calculator to determine the support. He will also be responsible for a portion of medical coverage and daycare expenses. Those are also included in the child support calculation in Florida.
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7135
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You have to be joking....He makes 27k a year and you want 1300 a month PLUS CS? Never going to happen as he doesn't even MAKE that much.
You are young and apparently intellegent since you are almost finished with college. It's time to learn to stand on your own feet. You should feel ashamed for wanting a man to support you. Where are the women in your life who should have been teaching you to be strong and independant and not to rely on anyone to take care of you?. That is one of the FIRST things I've taught my daughters and I'd smack the snot out of them if they ever depended on someone else to finance their way through life.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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You're asking for $1950 of his monthly net income of $2250 ? Good luck with that .
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Careful. We don't want to learn from this.
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BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3028
Loc: VA for 21 years, NC forever!
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You are asking for $23,400 of his NET of $27,000 -- that leaves HIM $3,600 per YEAR to live on?????? He has NO responsibility to pay your student loans, utilities, phone, etc. He honestly has no responsibility to pay your car insurance either and your medical benefits **not the child's** will not be allotted to him to pay for. There are very few insurance companies that will permit a divorced spouse to remain on a policy.
With all due respect, you've lost your MIND.
You'll graduate in a few months, and be able to secure employment. Not working at least part time while you're in school is irresponsible of YOU. He has no obligation to pay for your books or your final exam.
Daycare is the only place that I can see him being held responsible for, in addition to child care but the most likely scenario is that you'll get imputed wages, which will define what you're going to pay for daycare also. You can ask that he provide medical insurance for the child since you're not working but he'll get a credit on his child support figure to allow for that.
Get it together, you're about to join the real world.
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hanzblinx
enthusiast
Reged: 08/13/10
Posts: 380
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"What are my chances of receiving what I am asking for?"
lmfao !!!! about zero divided by infinity. Are chicks really this dumb??? Do they really think the world owes them a living just for being female?
Edited by hanzblinx (02/21/12 10:44 AM)
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