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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102141
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If a woman marry a man and earn more money than he does by

Customer Question

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: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

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.

Customer: replied 1 year ago.
Customer: replied 1 year ago.
I will accept your hypothetical answer
Expert:  Ely replied 1 year ago.

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

Expert:  Ely replied 1 year 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.

Expert:  Ely replied 1 year 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!