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i am a european citizen & moved to indiana w/ my husband 11

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i am a european citizen & moved to indiana w/ my husband 11 years ago. we have lived separate lives for the last 10 years. my husband moved to illinois to take on a different job 3 years ago. we own a home in indiana and a home outside of the U.S. we have no children and i have not worked for over 24 years (i am financially dependent of my husband). now he wants to file for divorce. i don't know if he will file in indiana or illinois. can someone tell me: with no children and no job, what can i obtain in spousal support? how do i pay for an attorney in indiana?
Submitted: 4 years ago.
Category: Family Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



I am sorry for your situation. First of all, understand that all the money he made - if he put it into a joint account, you're entitled to 1/2 of it. Separate property and debt is property that is generally:


1. Owned before marriage by one spouse; or

2. Acquired by gift or will or similar legal way by spouse during marriage; or

3. Declared as such by prenup or postup; or

4. Traceable property purchased by one spouse only; or

5. Tort Recovery for personal injury, but not medical expenses or loss of earning capacity.



Separate property and debt is awarded to the party which had claim to it in accordance with the rules above.



Community Property and debt is everything else, including but not limited to:


1. Income from BOTH parties; or

2. Declared as such by prenup and postup; or

3. Gift from one spouse to another; or

4; All titled and non-titled property gathered during marriage.



Community property is AUTOMATICALLY ASSUMED unless proven to be separate property by a party “by a preponderance of the evidence.” Community property and debt is split 50/50. If he files for divorce, you can file an answer and ask for temporary orders that divide the property and give you some money and other such thing, etc, already, while the divorce is pending.
The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.



The courts generally do not like to split the custody 50/50 since this is hard on the child – imagine having to move every half a year.



One parent usually becomes the main caretaker (in many states this is called the managing custodian) and the other parent becomes the "weekend" parent (often called the posessory custodian) which is every Thursday, every other weekend, and alternating holidays. The minute points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement.



Even if a parent does not get managing custody, they are almost guaranteed the posessory custody unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even posessory custody, although supervised visitation may be granted by the Court.



Of course, that is the standard order of possession. That order can be modified if both parties agree or if the Court finds that it is an extraordinary situation.

The posessory parent pays child support to the managing parent, unless the managing parent declines it. All states have a preset salary percentage calculation for child support, but this can be altered if both parties agree to a lesser or higher amount or do not put child support in the orders all-together - the Court will not care.



Maintenance (formerly known as alimony, and in some states called spousal support) may be awarded to either spouse as the court deems just. Marital misconduct is not to be considered in awarding alimony. Maintenance may be paid from the income or property of the other spouse after consideration of all relevant factors - it's very subjective and depends on the length of marriage, etc. It's basically to ensure that the party left weakest at divorce would NOT fall through financially. It can be asked for at temp orders as well. I can help you find an affordable attorney if you'd like.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Customer: replied 4 years ago.

thank you for your reply, but i still have questions regarding spousal support.

 

we have NO CHILDREN, and i have been out of the job market for over 20 years and have no intent of working due to health issues. what am i entitled to in terms of spousal support if we've been married for 24 years but again, we have no children, we have lived separate lives for the last 10, and i am financially dependent upon him?

 

and if he files for the divorce in illinois instead of indiana, how will this harm and/or benefit me in terms of spousal support? is spousal support guaranteed if our only assets right now our our home in indiana which is upside down & a home in wales?

 

also, i am living in the U.S. under my husband's work visa. i do not want to move out of the country after the divorce as i am currently involved in another relationship & have been living with another man for the last few years (but all my mail & correspondence and i.d. shows my home address with my husband). but my boyfriend has no $, is collecting unemployment & i can not rely on any income from him.

 

i do not want to sell our home in indiana. it is a very nice home in an upscale community, but there is no equity because we are upside down on the property & we currently are under a loan modification. my husband says he can barely afford the home under the new loan modification agreement (he moved to illinois when he lost his job in indiana & to my understanding, has a lesser paying job in illinois & now has additional living expenses--how can i be sure he's not lying?).

 

he's been trying to get me to agree to sell it but again, it's upside down. will i be forced to agree to sell the house in the divorce? why should we sell if 50% of 0 equity is 0?

 

so my main question is, how can i get significant spousal support? and if he has a relationship with a woman in illinois, does this help me in any way to obtain spousal support? i have a suspicion his girlfriend is also pregnant. how does this affect me in the divorce and my spousal support?

Expert:  Ely replied 4 years ago.
If he is being adulterous, that will help you with property division, but not alimony. In case of community titled assets such as homes, cars, joint accounts, etc., it usually is awarded to one party and that party is ordered to make an “equalizing payment” to the other party. For example, a car worth $10k will be given to the wife but the wife is ordered to make a payment of 5k to the husband. Time to make the payments or payment plans are a norm in such a situation. Equalizing payments can also be ordered if one party argues a “fault.” Generally, one party simply alleges irreconcilable differences. However, most states retain grounds for divorce where one party alleges fault when divorcing, such as neglect, assault, affair, etc, and because of this, the Court can award that party additional equalizing payments.The courts in Indiana and Illinois look at alimony differently but mostly the same.INDIANA COURT CONSIDERS(a) a spouse is physically or mentally incapacitated, to the extent that the ability of the incapacitated spouse to support himself or herself is materially affected,
(b) a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse's needs; or
(c) the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment.

Indiana laws allow the court to consider the following factors when determining an award of alimony:
(A) the educational level of each spouse at the time of marriage and at the time the divorce is filed;
(B) whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both;
(C) the earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence in or absence from the job market; and
(D) the time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment. ILLINOIS COURT CONSIDERSThe income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance;
the needs of each party;
the present and future earning capacity of each party;
any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage;
the time necessary to enable the party seeking maintenance to acquire appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment;
the standard of living established during the marriage;
the duration of the marriage;
the age and the physical and emotional condition of both parties;
the tax consequences of the property division upon the respective economic circumstances of the parties;
contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;
any valid agreement of the parties; and
any other factor that the court expressly finds to be just and equitable.So as you can see, it's all subjective.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87219
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 8 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

i am also in a relationship outside our marriage and i assume this would be considered adulterous on my part -- he suspects i've been living with my boyfriend, but he can't prove it. do i have to disclose this information during the divorce proceedings?

 

i also do not have a college degree and do not want to work or try to get training to enter the work force after our divorce. i am 51 years old and do not see a point in working a menial job. i can't really prove any incapacity, but my health has declined. i just do not and can not mentally get myself to work. our lifestyle and standard of living was high, despite the fact he does not make as much as he did before.

 

my husband's a chartered accountant and has a high position as a CFO in illinois with a small company. since we have no children together and because i do not have a college education, what is the best way for me to position myself so i am awarded spousal support?

 

what is standard spousal award with no children and no college education --20%, 30% or 50% of his take home pay?

 

and how do i find out what is pay is since he's in illinois & i do not have access to his paychecks?

 

and if he is about to father a child from his current girlfriend while we aren't even divorced yet, how does this effect my spousal support if he files in illinois? if he files in indiana?

Expert:  Ely replied 4 years ago.
Well this depends - was the relationship initiated BEFORE or AFTER the split up - both of you? If before, i.e., you/he cheated, then it counts against you. If after the split, then it doesn't matter.There is no "standard" spousal award - it goes by the elements I listed and is HIGHLY subjective. It's not about how much he makes, but how much to keep you financially sound.You find out how much he makes when the attorney representing you demands the records under discovery and/or subpoena.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87219
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 8 other Family Law Specialists are ready to help you

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