Guinevere04 Posted March 23, 2005 Share Posted March 23, 2005 I spoke with an attorney last week and she thinks that I should file for spousal support b/c my stbx is not helping me. We separated in Sept but paid bills together until Dec since that time he has paid one of his truck payments and i have paid the rest. He paid 2/3 of a house payment and I have paid the rest even though he stayed in the house and I am paying rent for an apt. (The house is for sale). Over a week ago he went into alcoholic rehab but had been drawing a workers comp check at 75% of his pay for 6 weeks, once in rehab he will draw 60% on disability I think. He makes twice the money I make, but I am having to pay everything to keep our credit good. We had agreed to an amount for child support since daycare is so high and he has given me that 4 times since December so that helped with bills a little but only about $400 after daycare, nothing compared to his salary. Anyway, with that being said, the lawyer thinks if I file for spousal support, by the time we go to court, he should be out of rehab and maybe it will make him want to give me more $ for bills. I am supposed to ask for a certain $ amount but don't have clue how much to ask for. Has anyone out there been through the spousal support thing before? If he just paid 1/2 of the bills like we agreed and his 2/3 of the house payment since he lives there, then gave me the child support we agreed on (mostly for daycare) I would be happy and wouldn't ask for this. But I have had to borrow almost $3000 from my parents to keep my head above water. Do judges think you are greedy when asking for spousal support? I just want him accountable for his part of the bills. Link to post Share on other sites
Merin Posted March 23, 2005 Share Posted March 23, 2005 There is a formula that is used in each state to determine how much Child support will be paid.. factors include who the children will be living with, how much time and/or over nights the non-custodial parent has with the children, how much each parent makes etc. Alimony.. I have found through my own experience and those of friends that *most times* and I'm not an attorney and all states are different.. but when the couple has been married for less than 10 years and/or both parties are employed, alimony is not granted. IF you haven't gone for temporary orders in court I would recommend doing so.. then in the time between that it takes for your divorce to be heard for permanant orders at least your STBXH will have legal obligations that he is responsible for in temporary orders to help you out. Good Luck Link to post Share on other sites
alicia24 Posted March 23, 2005 Share Posted March 23, 2005 This happened to me last year. We were engaged and when we split up, I was left with all these credit card bills. He paid me $100/mo for like 2 months then just stopped. I dont know if there is any legal action that can be taken but if anyone knows, please tell me. Link to post Share on other sites
Merin Posted March 23, 2005 Share Posted March 23, 2005 Originally posted by alicia24 This happened to me last year. We were engaged and when we split up, I was left with all these credit card bills. He paid me $100/mo for like 2 months then just stopped. I dont know if there is any legal action that can be taken but if anyone knows, please tell me. Was he a Co~signer on the Credit Cards or vice versa? IF both parties names were on the accounts, then BOTH parties are responsible for the debt. Link to post Share on other sites
Author Guinevere04 Posted March 23, 2005 Author Share Posted March 23, 2005 Well temporary would be fine with me, even until the house sells so I can pay bills. We can pay off some things when it sells. I just want him to be accountable for things instead of getting away with paying nothing.+ Link to post Share on other sites
alicia24 Posted March 23, 2005 Share Posted March 23, 2005 No he had no credit so everything was in my name. Link to post Share on other sites
Merin Posted March 23, 2005 Share Posted March 23, 2005 Originally posted by Guinevere04 Well temporary would be fine with me, even until the house sells so I can pay bills. We can pay off some things when it sells. I just want him to be accountable for things instead of getting away with paying nothing.+ Have your attorney get your case on an emergency court docuet to have temporary orders put in place. It will be decided at that time who will be responsible for what bills plus child support and visitation. IMO this is the only way to handle things when you know you're ultimately going to be divorced.. this allows both parties to know what they are responsible for and required LEGALLY to do. Good Luck Link to post Share on other sites
Merin Posted March 23, 2005 Share Posted March 23, 2005 Originally posted by alicia24 No he had no credit so everything was in my name. Damn.. Well unless you can prove that he had agreed to help you pay this debt, my guess is there isn't much that can be done.. because your's is the only name on the line of credit, that makes you legally responsible to pay the debt Link to post Share on other sites
Recommended Posts