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My Australian husband never supported me for over 3 years now.

When I seek for n...
My Australian husband never supported me for over 3 years now. When I seek for n alimony he offered a $10,000 and the apartment title in the Phils. Would that be fair enough? Am I entitled for other benefits?

I need a particular lawyer to contact? Thank you.
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1/1/2013
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28,684
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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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.

Good morning. In Georgia, you very well may be entitled to alimony. Alimony is based upon your needs. Moreover, if the apartment was bought during the course of the marriage, it would likely be considered a marital asset. As such, this is something which you could be entitled to or a portion thereof, outside of the payment of alimony, which he may be ordered to make. You need to decide before accepting the $10,000, if it is an amount which can and will be used to allow you enough time to be able to support yourself. Being married for three years, would entitle you to the martial assets which have been accumulated over that time and possible other income which your husband has earned. If you had to support yourself, $10,000 may not go very far and only give you a few months, seeing how you would need to find a place to live and have to pay for food, clothing and other common expenses. It is always best to have an attorney representing your legal interest in a situation like this, to assure that you are awarded what you are entitled to. The best place to find an attorney is through the bar association and here is a link with their contact information. http://www.atlantabar.org/displaycommon.cfm?an=1&subarticlenbr=46

The following shall be considered in determining the amount of alimony, if any, to be awarded:

The standard of living established during the marriage.
The duration of the marriage.
The age and the physical and emotional condition of both parties.
The financial resources of each party.
The time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment.
The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties.
Such other relevant factors as the court deems equitable and proper.
[Based on Georgia Code - Sections: 19-6-1 and 19-6-5]

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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
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Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Customer reply replied 4 years ago

Hi,


 


I'm a Filipino Citizen but married to an Australian citizen. I have a 14 year old child which from my previous relationship which is not his child.


 


My question is, should I sue him for an abandonment or adultery as he has another woman from work place and that he neglect his obligations as a provider. I am unemployed and every time I asked for a financial assistance he refused to get back to me. He is making $10.000 USD on ships as a Chief Financial Acct. yet he never supported me in such amount of time that we're married.


 


What is the best thing to do?

Iris, thank you for the additional information. What you stated above are certainly grounds to file for divorce and would be factors for the court to consider, when deciding the award of alimony, since the divorce was a result of his actions. Any money earned during the course of the marriage, would be a marital asset and something which you would be entitled to. These are all things which would be addressed during the divorce proceeding.
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