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FamilyAnswer
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Category: Family Law
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Experience:  7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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regarding alimony,married 24.5yrs homemaker,caretaker 2kidsnow

Customer Question

regarding alimony,married 24.5yrs homemaker,caretaker 2kidsnow 23 an 19.they have numerous issues with health an my son is partial disabled lost right hand he recieves no money for this.daughter has remission muscle disease i was caretaker of so much with my kids .iwasa lpn. but have not worked in over24 yrs. my husband wants to give me 450wk ,his attorneys want me to have 250 a week. he makes 107,000 yr. i want half iwant fairness i asked for a 1000 an now i will ask for 750. what is right an if we go to court which i donot want to will a judge do the right thing in my favor an allow me what is right an fair??
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

 

I certainly understand your concern. In deciding whether you are eligible for maintenance, the Court uses the following factors:

  1. The income and property of the respective spouses, including marital property distributed pursuant to equitable distribution
  2. The duration of the marriage
  3. The age and health of the respective spouses
  4. The present and future earning capacities of both spouses
  5. The ability of the person seeking maintenance to become self-supporting
  6. Whether there is a reduced or lost earning capacity of the person seeking maintenance which resulted from forgoing or delaying training or employment during the marriage
  7. The presence of children of the marriage in the respective homes of the spouses
  8. The tax consequences to the parties
  9. Other contributions and services of the spouse seeking maintenance
  10. Whether either spouse has wasted the marital assets (also known as wasteful dissipation of marital assets)
  11. Transfers made by a spouse in contemplation of the divorce action at below-market value
  12. Any other factor the Court determines as being relevant

In general terms, the most important factors are: the length of the marriage and the income of the spouses. Each marriage and divorce is different.

It is possible to receive maintenance for the lifetime of the paying spouse. Regardless of what the court order specifies, maintenance will automatically terminate upon the following events:

  1. The receiving spouse is remarried
  2. The paying spouse dies

Maintenance payments may end if there is proof that the receiving spouse is habitually living with another person and holding themselves out as husband and wife. If instead of a court order, the parties have agreed to pay maintenance then the agreement will specify when and upon what circumstances maintenance will automatically terminate

If you and your ex can not agree, then it would be up to the Judge to step in and do what is fair and equitable.

 

Customer: replied 2 years ago.
i gave you specific info. length marriage etc can give me a more cleare answer?
Expert:  FamilyAnswer replied 2 years ago.

Here is a link that contains an alimony calculator, which you can use to determine how much he could have to pay. There is more information needed then you stated above, which you will need to input but it should give you an idea.

Remember, the Judge has the final say but this is just an idea.

http://www.joyrosenthal.com/temporary-maintenance-child-support-calculator.html

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