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LEV
LEV, Retired
Category: Legal
Satisfied Customers: 28090
Experience:  Taxes, Immigration, Labor law
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If my husband were to divorce me after 20 years of marriage ...

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If my husband were to divorce me after 20 years of marriage and 4 kids. What legal right do I have?? I live in the state of Louisiana. My question is I do not work and have a hearing loss since I was 4 years old and now 42. My husband and children is all hearing. I know he has to pay child support. Does he have to pay me so I can live. I can never work and also do I get half his pension as well??

Sorry for your situation...

Yes - you will likely be entitled for child support. You may use this calculator to estimate your child support - http://www.alllaw.com/calculators/childsupport/Louisiana/

There is no such law that would require alimony payments from your spouse. Each case would be different. Generally - if there is no mutual agreement between you about alimony - the judge is required to consider:

- income, means and assets of the spouses
- liquidity of such assets
- financial obligations of the spouses and their earning capacity
- effect of custody of children of the marriage upon the spouse's earning capacity
- time necessary for the recipient to acquire appropriate education, training or employment
- health and age of the parties and their obligations to support or care for dependent children
- earning capacity of the spouse who seeks alimony in light of all the other circumstances.
- other circumstances that the court deems relevant.

As you was married more than 10 years - you will be eligible to receive SS benefits based on your spouse's credits.

If your spouse has a pension - it is considered a martial asset and should be divided. Be sure that is included into the divorce agreement.

Customer: replied 8 years ago.
Reply to LEV's Post: Does he have to support me to live. I wear a hering aid. I cant work due to my hearing loss and now it gotten worse about 2 years ago. Can I get him to support me until I die. If I chose not to sign the divorce paper--what does that means??

Only the court may order your spouse to pay you an alimony (also called Spousal Support) based on your specific circumstances and consider items mentioned above.

There is no law that require your spouse to support you. You may sue your spouse and the court award yo with alimony - you will receive it. Please see here some additional information - http://www.divorceinfo.com/lafaqsalimony.htm

Alimony may also be a part of the divorce agreement or court mandated divorce decree. If you may not come to the agreement - the court would issue a formal order granting a termination of your marriage.

Customer: replied 8 years ago.
Lev,

I am scared and dont want this---if it should happen--I need know for sure to get my spouse to support me for life--Let me ask one more question--I know he will have to pay child suppport--how does that go--until there are eighteen or until they finish college (schooling)?

Donna

The child support obligations are till the child attain the Louisiana Age of Majority - 18 years (Civil Code Article 29) - when child support payments can be stopped.

Louisiana law allows for child support to be paid for a child over the age of majority if the child is unmarried, a full time student in good standing in a secondary school, and dependent on either parent; a developmentally disabled child up to age 22; a child placed under continuing tutorship by the court.

But that should be directed by the divorce agreement or divorce decree or court order.

Customer: replied 8 years ago.
Ok what about me--you can be positively sure that he can support me for life or until I die?

Donna

No I may not be sure that your spouse will have such obligations - because that would be determined by the court.

You need to be prepared and provide supporting documents and/or witnesses for following items that the judge is required to consider:

- income, means and assets of the spouses
- liquidity of such assets
- financial obligations of the spouses and their earning capacity
- effect of custody of children of the marriage upon the spouse's earning capacity
- time necessary for the recipient to acquire appropriate education, training or employment
- health and age of the parties and their obligations to support or care for dependent children
- earning capacity of the spouse who seeks alimony in light of all the other circumstances.
- other circumstances that the court deems relevant.

You may need an attorney to evaluate your case and/or represent you in the court.

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