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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6536
Experience:  Family Law Attorney
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My husband and I are attempting an uncontested divorce in which he receives custodial cust

Customer Question

My husband and I are attempting an uncontested divorce in which he receives custodial custody of our two children (because he can afford a better school, etc. for them). He makes 88K a year, and I receive $400 a month in social security disability. He's telling me that the courts will automatically award him 25% of my income in child support. Do I have any recourse? I would prefer to stay away from child custody battles or other suits (it's against my religion).
Submitted: 5 years ago via ChildSupportLaws.
Category: Family Law
Expert:  LADY LAWYER replied 5 years ago.

LADY LAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you today.

LADY LAWYER :

Your husband is just trying to intimidate you. You can ask for spousal support from him, but if you don't want any court battles, you do not have to do this.

LADY LAWYER :

Still, no court is going to award part of someone's SS to a custodial parent that makes 88K a year.

LADY LAWYER :

If he asks the court for this, you must contest it.

Customer:

If I'm making 16K a year, is the situation any different?

LADY LAWYER :

16K plus the $400 in disability or 16K inclusibe of the disability?

Customer:

If I'm making 16K I don't believe I will have the disability any longer.

Customer:

I'm attempting to work.

Customer:

It doesn't include the disability, sorry.

LADY LAWYER :

You can make up to $1,000 per month and still collect disability.

LADY LAWYER :

So you can make up to 12K per year.

Customer:

I won't qualify then

Customer:

Is it still just intimidation, or do you think the court might give it to him?

LADY LAWYER :

You can cut back on your hours, still collect disability and come out to about $16,800.00 per year.

LADY LAWYER :

No, I don't think they will give it to him at all.

Customer:

But I need to get an attorney if he has that in his requests

LADY LAWYER :

He is getting the 25% from garnishment websites that talk about creditors and debtors.

LADY LAWYER :

Correct.

Customer:

All right, that answers my question I think...thank you :)

LADY LAWYER :

You can find local family law attorneys here if you need to: www.martindale.com.

LADY LAWYER :

You're very welcome!

Customer:

now I just hit accept?

LADY LAWYER :

?Please, mam.

LADY LAWYER :

It will not charge you anything further to do so.

LADY LAWYER and 6 other Family Law Specialists are ready to help you

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