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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31983
Experience:  JD, 16 years legal experience including family law
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My wife moved out on me 5 months ago. I am still paying her

Customer Question

My wife moved out on me 5 months ago. I am still paying her car insurance and medical insurance. approx 200 a month for both. she keeps threatening to divorce whenever she needs money for car repairs or other things(necessities not frivolous things.) We have 2 children who are staying with me most of the time as she has a 1 bedroom. If we divorce will she be able to make me pay alimony?
Submitted: 4 years ago.
Category: Family Law
Expert:  Tina replied 4 years ago.
Thank you for contacting our JA team for guidance. We are happy to assist you. However, we need a bit more information to more fully answer your question.

How long have you been married? Has your wife been the primary financial provider while you are the primary caregiver?


NOTE: Sometimes we receive your question before we receive your additional "optional information". If my response does not appear to consider your optional information, please let me know as I was probably not able to view it when your question was first received.

Customer: replied 4 years ago.
we have been married for 13 years, I have been prime financial provider, in last 3 years she has worked and even receieved a cert.for radiation tech.
Expert:  Tina replied 4 years ago.
It is not a yes or no answer based on the facts you have presented. In the state of TX, it is not likely you would have to pay child support if custody is granted to you. However, spousal support is dependant on separate factors.

Because of the length of the marriage and the fact that you have been the primary financial provider, it is likely you would be ordered to pay spousal support for at least a temporary period of time. Here are the guidelines a court considers in TX to determine whether spousal support is warranted: http://www.divorcesupport.com/divorce/Texas-Spousal-Support-Maintenance-Alimony-Factors-753.html

Please let me know if you need additional information.


Best regards XXXXX XXXXX

TG

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