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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37854
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My wife and I are getting a divorce due to her love for another

Customer Question

My wife and I are getting a divorce due to her love for another man. We haven't filed yet and she is now living with her new boyfriend. Our two childrens time will be split (50/50) between our two places. Does she have the right to ask for child support?
Submitted: 6 years ago.
Category: Family Law
Expert:  LawTalk replied 6 years ago.
Good afternoon from Savannah,

I'm sorry to hear of your dilemma.

Yes, even if you and your wife split custody 50/50, child support will still be ordered to the person making the lesser income.

Monthly child support payments are set according to state guidelines that take into account both parents’ income, how many children need support, and the amount of time each parent spends with their children. Both parents share an equal responsibility in providing for the financial needs of their children; each is responsible for a percentage of the appropriate amount listed in the Georgia Schedule of Basic Child Support Obligations.

If you can show that she has committed adultery, then you can likely prevent her from being eligible for spousal support, if she otherwise would have been eligible. However, to do that you will need to ask for a divorce on the grounds of adultery.

If you will tell me the approximate monthly incomes of you and your wife, I can estimate the amount of support one of you will be responsible to pay the other.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,


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Customer: replied 6 years ago.

Imake $75,000.00 per year with two kids.


Expert:  LawTalk replied 6 years ago.
How much does she earn---or if she is not employed, what is she capable of earning?

Customer: replied 6 years ago.
she is not employed.....her last job between kids was making her 30-35 per year. Just so you know I work from home and always have been around my kids.
Expert:  LawTalk replied 6 years ago.
Good afternoon,

In GA, your child support obligation will be expected to be in the neighborhood of $1,500 to $1,700 per month for both children based on the numbers you gave me.

I wish you and your children the best in your futures.