Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

If a woman marry a man and earn more money than he does by

Customer Question
$40,000. and the get divorced...
If a woman marry a man and earn more money than he does by $40,000. and the get divorced and have one child. Would she have to pay him child support and Alimony. He earns $90,000. and she earns $130,000 and have shared custody of the child. They are both healthy and able to earn their on living. She was raised Middle class in Michigan and he was not and lived in NY City. She has an undergrad degree from U of M and Master's from Columbia U and also a Masters in Project Management. He finished NY City College and it took him 10 years for an Undergrad degree. He says in his complaint for divorce that he is use to the standard of living that they shared together and wants child support and Alimony. Will she have to reduce her life style that she has lived all of her life to support him because he want to live the life style she has afforded him while they were married and live a lesser life than she has ever lived when he has lived and raised poor and has experienced it as a child and and adult. Should her life style changed or should he seek a better job and get extra work to support himself or get if from his family who should have insured him an opportunity for a better life.
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 12 minutes by:
12/11/2015
Family Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,807
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. No one can predict alimony. Alimony is decided on a case by case basis on subjective factors by the Judge. I can explain what these factors are and what the likely outcome may be, but this would be a hypothetical guess at best. Would this be agreeable?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Ask Your Own Family Law Question
Customer reply replied 2 years ago
continue
Customer reply replied 2 years ago
I will accept your hypothetical answer
Family Lawyer: Ely, Counselor at Law replied 2 years ago

Thank you. One second while I am typing this out...

Ask Your Own Family Law Question
Family Lawyer: Ely, Counselor at Law replied 2 years ago

Okay. Alimony is based on the following subjective factors: the value of each spouse’s assets as well as their families and up to one half of any pension, 401k or retirement benefits as long as the length of the marriage was 10 years or more. Any marital misconduct by either spouse may be considered in determining the appropriate support amount. Any property acquired prior to the marriage or by inheritance or gift may not be considered in determining the support amount. Code of Alabama , Title 30, Chapters: 2-51, 2-52, and 2-55.

Given that he makes the amount stated and she makes the amount stated, it is unlikely that she would be ordered to pay alimony because the primary objective of alimony is to ensure that he would not have a financial collapse. At the amount that he is making, he is unlikely to do so, and is likely to continue maintaining close to the same lifestyle.

However, whoever receives children would get child support. The visiting parent pays child support to the custodian, unless the custodian declines it. All states have a preset salary percentage calculation for child support (see HERE), but this can be altered if both parties agree to a lesser or higher amount or do not put child support in the orders all-together; the Court will only impose default child support if the parties cannot agree.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Ask Your Own Family Law Question
Family Lawyer: Ely, Counselor at Law replied 2 years ago

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!

Ask Your Own Family Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,807
102,807 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

102,807 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,390 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,389 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,779 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My property settlement agreement in my divorce says alimony
My property settlement agreement in my divorce says alimony is irrevocable pursuant to Lepis vs Lepis. Can my ex change the agreement or not? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,907 satisfied customers
This is about a child support modification that was
This is about a child support modification that was initiated by another party. The other party asked to transfer the case to a different county in Texas, I e-filed what I titled Custodial Parent's re… read more
Ray
Ray
Lawyer
Doctoral Degree
30,529 satisfied customers
My ex will not pay alimony. He paid until child support was
My ex will not pay alimony. He paid until child support was done and now he owes alimony for one more year, how can I get it? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,776 satisfied customers
In california divorced 5 years, term marriage my alimony is
In california divorced 5 years, long term marriage my alimony is higher than child support … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,468 satisfied customers
Divorce, and wife asking for $850 in alimony in settlement
Divorce, and wife asking for $850 in alimony in settlement draft. She is working, in great mind and physical health. She makes 42k while I make 67k as a teacher. This is on top of $820 for child suppo… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,590 satisfied customers
I have gone to Child Support Services. My divorce was
I have gone to Child Support Services. My divorce was finalized on July 11, 2017. I can claim arrears from August 1,2017 because my ex has not complied with the order. I agreed for my ex to pay half t… read more
Michael Bradley
Michael Bradley
JD
1,142 satisfied customers
Going through a post divorce child support case and need
going through a post divorce child support case and need advice about what legal documents are required to determine support … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My ex defaulted on child support under our divorce agreement
My ex defaulted on child support under our divorce agreement when our child came to live with me from his grandma. The court wrote him and he went for a lawyer who wrote to me with arrangement of visi… read more
Ray
Ray
Lawyer
Doctoral Degree
30,529 satisfied customers
Dispute child support dept. Divorce was in indiana support
Divorce was in indiana support order is from cook county il … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,468 satisfied customers
I will be divorced next week on the 20th with a alimony
I will be divorced next week on the 20th with a alimony agreement incorporated into the divorce decree. My spouse and I agreed of the terms of the agreement. It is to paid indefinitely because I am di… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,590 satisfied customers
I have a child support order and have been divorced. My ex
I have a child support order and have been divorced. My ex husband threatens not to pay it or pays late every month. How can I get the court to have him pay to a third party? … read more
Expert James
Expert James
Doctoral Degree
11,609 satisfied customers
What happens if after a divorce a child support order was
What happens if after a divorce a child support order was never filed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,389 satisfied customers
Do I claim child support from previous marriage on my new
Greetings, Do I claim child support from previous marriage on my new separation papers to my current spouse? … read more
socrateaser
socrateaser
1,031 satisfied customers
I want to dismiss divorce because child support cannot be
Hello. I want to dismiss divorce because child support cannot be agreed upon and I would like court to determine and establish child support before finalizing divorce. Am i only required to file the p… read more
Ray
Ray
Lawyer
Doctoral Degree
30,529 satisfied customers
Im in the process of divorce. Finally had child support
Im in the process of divorce. Finally had child support hearing and my ex was ordered to pay part of the mortgage in child support. Its been only a few months since it was ordered and i have been aski… read more
Ray
Ray
Lawyer
Doctoral Degree
30,529 satisfied customers
In a divorce case, in reference to child support, what does
In a divorce case, in reference to child support, what does pro rata share mean? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,779 satisfied customers
My exhusb. is trying to cancel out alimony and child support
my exhusb. is trying to cancel out alimony and child support in CT can that happen just becausee he asked … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am divorced. 3 kids from that marriage on child support
I am divorced. 3 kids from that marriage on child support under New York law, now getting divorced a 2nd time, 2 kids this time. Does my obligation to the first 3 have preference in the calculation of… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x