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lwpat
lwpat, Lawyer
Category: Family Law
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Experience:  Practicing family law attorney
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I have been married for 29 years my soon to be ex husband left

Customer Question

I have been married for 29 years my soon to be ex husband left 7 months ago and is haveing an affair. He does not want to pay support or any support for our terminally ill son who is 22 years old My ex makes over twice the amount of income I do and has inherited a home and a good sum of money from his mother whom passed away. How good are my chances of getting support for our son and maintance for me? My ex is bi-polar and I am afraid if I am awarded any support he would quit his job of 17 years just so he would not have to pay me a dime. He has made this statement to one of our freinds that he is not paying me anything ever. I now have a PDL order of protection because of his mental state and he owns 22 guns. I would much rather have a lump sum settlement for this reason if you think I should get some support. I have been the sole caregiver to my son since birth, my ex does not think my son deserves anything from him at all, my ex wants my son emmancipated. Let me know your thoughts
Submitted: 5 years ago.
Category: Family Law
Expert:  lwpat replied 5 years ago.
When yu say your son is terminally ill, when did this condition start?
Customer: replied 5 years ago.
He has cystic fibrosis he was born with the diesese my ex and I carry the gene and we both had to pass the gene to my son for him to have it. There is no cure for CF and his expected time line might be to age 40 years with lung transplants if he can survive the transplants.
Expert:  lwpat replied 5 years ago.
Thanks, XXXXX XXXXX to be sure it was not something that just happened. In these circumstances the court is not going to emancipate him, they are going to insist on him continuing to be on child support. Have you filed for SSI? He should be eligible so you need to contact the Social Security office for details.

Missouri is a no fault divorce state so all you have is to claim is that the marriage is irretrievably broken. However fault such as sdultery does play a role.

The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award. In a proceeding for dissolution of the marriage or legal separation, or in a proceeding for disposition of property following dissolution of the marriage the court shall divide the marital property and marital debts in such proportions as the court deems just after considering all relevant factors including: (1) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children; (2) The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker; (3) The value of the nonmarital property set apart to each spouse; (4) The conduct of the parties during the marriage.

The fact that your child is terminally ill will also play a role.

Due to the length of the marriage the court will also award you alimony. The alimony order shall be in such amounts and for such periods of time as the court deems just, and after considering all relevant factors including: (1) The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian; (2) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment; (3) The comparative earning capacity of each spouse; (4) The standard of living established during the marriage; (5) The obligations and assets, including the marital property apportioned to him and the separate property of each party; (6) The duration of the marriage; (7) The age, and the physical and emotional condition of the spouse seeking maintenance; (8) The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance; (9) The conduct of the parties during the marriage; and (10) Any other relevant factors.

The court will not allow him to be voluntarily unemployed in order to avoid child support and alimony. Judges are smarter than that. However here you really do need to retain a local attorney immediately.

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