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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My attorney and I didn't see eye to eye. I fired her. My estrange

Customer Question

My attorney and I didn't see eye to eye. I fired her. My estranged husband refuses to have any communication with me whatsoever. We have no minor children just a mentally disabled 28 year old daughter who lives with me. Every attorney I inteviewed pretty much said the same the same thing. Yes, long term alimony, (married 29 years) , division of property, and liabilities, everything I already know. Anybody know something I don't?
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
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 pay support either for yourself or your disabled adult child, 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, or if he is already gone to remove his personal belongings, to grant you primary custody of your disabled child, 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.
In terms of child support, with one disabled adult child, you can expect the court to award you approximately 20% of your spouse's monthly income.
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.
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I wish you and yours the best in 2015,