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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3459
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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Hi, I am trying to help my sister who is getting separated

Resolved Question:

Hi, I am trying to help my sister who is getting separated from her common law husband, they live in Alabama. They were married, legally 17 years ago then divorced and got back together 5 -7 years ago. He makes the majority of money (my sister only makes $1400.00 monthly) with bills that are well over $4000.00 monthly. They have one daughter who will turn 18 in March. They have bought a house together that she would like to keep, if at all possible.

We are wondering if she is entitled to alimony? He has decided to leave her for another woman, who is 28 (he's 43), and she has 3 small children. With him leaving it makes it impossible for my sister to carry on any sort of a lifestyle that they have led. Her daughter has JRA and the medication monthly and doctors visits are expensive. He is the type of man who will not willingly pay alimony or child support. It would need to be taken out of his check. Is this possible?

Any help would be very appreicated.   Thank you.
Submitted: 7 years ago.
Category: Family Law
Expert:  Michael J, Esq. replied 7 years ago.
Hello -

Thank you for contacting JustAnswer.

The courts will usually look at the length of the marraige and the disparity of both spouses' earning potential to decide when alimony is given.

In your sister's situation, it sounds like alimony is very likely. The difference in her and her ex's income is something the Judge will take special note of. Your sister does not make much, and he makes the majority of the money. One of the purposes of alimony is to take care of the spouse who was the "homemaker" and didn't make as much money. Also, the length of the marraige is a big consideration. Since your sister was married to her ex for more than 12 years, she should have a very good chance of gettting alimony.

Once it is ordered, the husband will have to pay the alimony. If he refuses to pay, your sister can take him to court and have his checks garnished for the arrears.

Hope this helps, and good luck.

If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
Customer: replied 7 years ago.

Hi,

 

They weren't actually married 12 years... they were married, then divorced and now back together as a "common law" marriage for 5 - 7 years. also wondering if you think its possible to collect the money from paycheck, since he wouldn't give the money freely?

Expert:  Michael J, Esq. replied 7 years ago.
As I said above, at first he will simply be Ordered to pay by the Judge. He is not giving it freely - the Judge will Order it. If he refuses to comply with the Order, he will face fines and jail time.

If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
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