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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35309
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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10 years of marriage but 21 years together. i dedicated my

Customer Question

10 years of marriage but 21 years together. i dedicated my life to raising kids(including a special needs child) and helping my husband establish his career. he makes close to 850,000 per year and increasing potential...he is having an affair w coworker and wants divorce. how much child support and alimony i deserve?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
in mississippi
Customer: replied 1 year ago.
kids are 11 and 9
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

In order to force your spouse to relocate from the marital home, or to pay support either for yourself or your children, it will be necessary for you to file for divorce. After doing that, you will want to ask the court to set what is known as a Temporary Hearing. A temporary hearing is a court proceeding held soon after the filing of a divorce action and allows the parties to ask the court to issue orders affecting the other party that will remain in effect, typically until at least the time of the divorce decree.

At that hearing you may ask the judge to order your spouse to move from the marital home, to grant you primary residential custody of the children if there are any of your marriage that are minors, as well as for an order that your spouse pay you both child support, and spousal support/alimony, until at least the entry of the divorce decree.

This is a very critical hearing to ask for. This hearing is not automatic, and if you do not request it, it may never be held. Another important thing to consider is having a local Family Law attorney assist you at this hearing. What occurs at the Temporary Hearing often signals what will happen after the divorce, both in terms of child custody and child support as well as spousal support. It is important for your future that you do well at the Temporary Hearing.

Presuming that you are the primary caretaker of your children, you can expect that the judge will make the temporary order such that you and the children will remain in the home and your husband moves out---this is pretty common and is really in the best interests of the children.

In terms of child support, with 2 children, if your husband were an average income earner, you could expect the court to award you approximately 25% of your spouse's monthly income. However, families with high incomes generally pay less than the full 25%. "In cases in which the adjusted gross income as defined in this section is more than $50,000 or less than $5,000, the court shall make a written finding in the record as to whether or not the application of the guidelines established in this section is reasonable."Miss. Code § 43-19-101(4). Realistically, you can probably expect between $5,000 and $10,000 per month in child support.

Based on the number of years you have been married, and based on the presumed difference in your respective incomes, it is likely that you will qualify for spousal support, for at least a number of years.

Issues the court will generally look at in determining spousal support include:

1. The present respective incomes of the parties;

2. The education levels and earning capacities of the parties;

3. The ages and the physical, mental and emotional conditions of the parties;

4. The duration of the marriage;

5. Whether either party will be caring for children of the marriage;

6. The standard of living established during the marriage.

While the amount of spousal support you might be awarded can be virtually impossible to determine based on the facts you have provided, when spousal support is awarded in similar situations it generally amounts to 15% to 25% of the higher earning spouse's income. The duration of spousal support often runs approximately 50% the number of years of the marriage. In long term marriages of 10 years and longer, spousal support can be made permanent by the court---terminating usually on the remarriage of the receiving party or upon their cohabitation with a new partner.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug