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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 1610
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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MY HUSBAND CHEATED ON ME WITH SEVERAL WOMEN,ATFER TEN YEARS

Customer Question

MY HUSBAND CHEATED ON ME WITH SEVERAL WOMEN,ATFER TEN YEARS OF MARRIAGE WHAT AM I ENTILTE TO.HIS PENSION,ALIMONY AND CHILD SUPPORT
Submitted: 3 years ago.
Category: Family Law
Expert:  Steven K. replied 3 years ago.

Steven Kincaid :

Thank you for allowing me to assist you.

Steven Kincaid :

To answer you, I need to know what state you are in.

Customer :

I live in Illinois

Steven Kincaid :

Child support depends on how many children you have. Can you tell me how many?

Customer :

We have one daughter she is 11years old.

Steven Kincaid :

For one child, child support is 20% of the non-custodial parent's net income.

Steven Kincaid :

Illinois courts may consider the following in determining alimony in a particular case:



  • Income and property of each party;

  • Needs of each party;

  • Earning capacity of each party;

  • Devotion of time or resources to child rearing;

  • Time needed to obtain education or skills for employment purposes;

  • Standard of living established during marriage;

  • Duration of the marriage;

  • Age and condition of both parties;

  • Tax consequences;

  • Contribution of a spouse to the education, career or training of the other spouse;

  • A valid agreement between the parties; and

  • Any other factors the court finds just.

Steven Kincaid :

Illinois is what is called an "Equitable Distribution" state. This means that all marital property can be divided in any way the Court believes is fair, even if the division is not equal.

Steven Kincaid :

To the extent that the pension was acquired during the marriage, it is marital property subject to division.

Customer :

He cheated on me and he make double my salary and he want me to have the house but only give me a thousand dollars a month and the mortage is fourteen and the other households bills he was paying all of them

Steven Kincaid :

Courts will sometimes order a spouse to pay all or a portion of a mortgage as spousal support, but there are simply no guarantees.

Customer :

can i get a fair day in court if i have proof he cheated .He is the one who want to leave and can he pay all my lawyers fees since he want this.

Steven Kincaid :

Fault or infidelity are generally not considered in determining alimony.

Steven Kincaid :

The court may order the spouse with the greater income to pay the attorneys' fees of the other spouse. This is in the discretion of the court.

Customer :

hoow do I know what I am really entitle to,I only make sixteen dollars a hour and he makes fourty,can he pay the mortage and I still stay in the house and get child support.

Steven Kincaid :

There is no line that can be drawn that shows what you are entitled to. Alimony is based purely on the needs and abilities of the parties as analyzed with the factors described above. Different judges will interpret that differently so there is approximately a 0% chance of being awarded the same amount from two different judges. So much depends on the opinions of the judge assigned to your case.

Customer :

He didn't consider me when he cheated so why should I lose everything cause he went out in the marriage.Can he be punished if he gave me a sexual transmiited diease

Steven Kincaid :

Not through the divorce action, but you could sue him for damages if he negligently, recklessly or intentionally injured you. Unfortunately, it is difficult to get an attorney to accept such a case without your paying a large retainer fee up front.

Customer :

tell me what do I need to do ,do I need to go get a lawyer and have them give him all the needed papers to start the processs

Steven Kincaid :

Do you want help finding the right forms to file or do you plan on having your lawyer do that?

Customer :

If he make fourty dollars a hour and get paid weekly how much of this could be allowed to me

Steven Kincaid :

Do you mean for alimony? Child support? Attorneys' fees?

Customer :

I don't have a lawyer yet,I was hoping he will get one and then I can see what he is offering me

Customer :

yes for all of the above ,I gave him fourteen years of my life and ten years of marriage

Steven Kincaid :

There is no way to determine with certainty what portion of his income could be awarded to you. As I previously stated, child support is 20% of his net income. Alimony is at the discretion of the court based on your needs. Attorneys' fees is also at the discretion of the court.

Steven Kincaid :

If you will get a lawyer to prepare documents for you, then you want to start out collecting all financial documents you have access to.

Steven Kincaid :

This includes tax records, payroll records for your husband, bank statements, etc.

Steven Kincaid :

And of course, any documentation you have about his pension.

Customer :

okay thanks for you advice .you already took the twenty four dollars from my account

Steven Kincaid :

The deposit is paid to JustAnswer but I do not get paid unless you press the green ACCEPT button.

Customer :

oh okay In his bank statements he have hotels that he have taken others women to can I use that against him and we don,t file are taxes together

Customer :

when you answer this question I think I will be done

Customer :

Should I call his pension to see how it work

Steven Kincaid :

You could use that as a basis for getting a divorce, but not to increase how much support he pays you.

Steven Kincaid :

If he has given you access to his tax or pension records, make sure you make a copy before he takes them with him. If the company is willing to send information about the pension you should go ahead and work with them, but some companies will not communicate with the spouse upon divorce.

Customer :

will he have to give me a copy if he take them

Steven Kincaid :

Your attorney could send demands to him to give you the documents. This is costly to you, especially if your husband does not comply, which frequently happens.

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