Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

Separated from my husband but still living together because…

Customer Question
Separated from my husband...

Separated from my husband but still living together because we can't afford 2 homes..i have filed for divorce but haven't served him yet..i have 2 boys 11/15..he hasn't paid the mortgage in over 6 months..but pays some of utilities..

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

I recently got us a loan modification..which he is paying the trial payments for 3 months.. i want to know what my rights are for alimony and child support..we have been married 15 yrs...no major assets to settle except the home .

Lawyer's Assistant: Family law varies by state. What state are you in?

Ca

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I need help here in LA..can you recommend free assistance?

Submitted: 5 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
3/18/2018
Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,259
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Legal Question
Customer reply replied 5 months ago
i filed in ca court
Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thanks for your patience. I'm sorry to hear about your situation. So, generally, what you're entitled to depends a lot on how many kids you have and his income. The alimony payments specifically depend in part on his income, your ability to work, and how long you've been married.

Accordingly, when you file for divorce, you may request that the court enter an order that awards you a certain amount of child support/spousal support from your husband. You and your husband can agree on an amount and present that to the court; however, if he doesn't agree, then the court can issue an order consistent with those factors I mentioned earlier.

What other questions did you have for me today that I can help you out with:-)?

Ask Your Own Legal Question
Customer reply replied 5 months ago
i know this may sound crazy but since i filed the sooner he gets served the better correct?..as far as me gettin spousal support and child support..
Customer reply replied 5 months ago
he makes over 100,000. a yr and i have been full time mom working part time..
now im struggling to still take care of the kids and make maybe 500.00 a month!what are the benefits of mr filing my taxes separately with them as dependents?
Customer reply replied 5 months ago
i meant 500.00 a week..
Lawyer: Legal Eagle, Lawyer replied 5 months ago

Actually, it doesn't matter who files or when they file. The court will just look to objective factors such as his salary, your capacity to work, and how long you've been married in setting an alimony amount. The court will set an interim amount until the divorce is settled and you and your husband can come to an agreement on the final amount or the court can set the final amount.

As far as the tax filing benefits, I couldn't tell you that for sure because that depends on your personal tax situation. What I do know is that couples filing separately often have a lower tax threshold so it may mean you might owe more taxes, but you'd have to speak to a tax professional to be sure.

Did you have any other questions for me today that I could help you with?

Ask Your Own Legal Question
Customer reply replied 5 months ago
after he is served he has 30 days to respond..
im not sure what you mean when you say in the interim the court will set an interim amount?
how exactly does that happen?
is that after he responds to me serving him?..and what if he doesn't?
and is in default..bot***** *****ne is how do i achieve alimony and support asap...and even if we are living in the same home i was told the court still sees us as separated and im still due child support and alimony if we are taking care of the 50/50
Customer reply replied 5 months ago
hello?
Lawyer: Legal Eagle, Lawyer replied 5 months ago

I'm still here. Please bear with me a moment.

Ask Your Own Legal Question
Customer reply replied 5 months ago
ok
Lawyer: Legal Eagle, Lawyer replied 5 months ago

You can ask the court for an amount of alimony until the divorce is final. You can motion the court for Temporary "Pendente Lite" Spousal Support, which just means support until the divorce is finalized. If he is in default you'll get everything you asked for from the courts in your petition. That's the bot***** *****ne.

Ask Your Own Legal Question
Lawyer: Legal Eagle, Lawyer replied 5 months ago

Did you have any other questions for me today that I could help you with?

Ask Your Own Legal Question
Customer reply replied 5 months ago
how do you ask the court?
Lawyer: Legal Eagle, Lawyer replied 5 months ago
You need to download 28 line pleading paper and type up your motion, explaining your reasons why you need support. Your local county courthouse may have specific forms so ask them if anything else is needed.
Ask Your Own Legal Question
Customer reply replied 5 months ago
how do i find out what is a fair and reasonable request?
where do i get the calculations?do i have to have an attorney?
Lawyer: Legal Eagle, Lawyer replied 5 months ago
1. You can copy and paste this website: http://alimonycalculator.us/california to get an idea of what you can request and the calculations, but the finall decision is up to the court.
2. No, you don't need an attorney
Ask Your Own Legal Question
Customer reply replied 5 months ago
once you file.does the court see you as separated?.
even if under one roof?
can you get back dated spousal support?
Lawyer: Legal Eagle, Lawyer replied 5 months ago
No. The court will not see you as separated if you filed for divorce. You have to specifically file for separation and have the court Grant the separation until you are considered separated. You do not have to be living in separate places. You can request back spousal support but it's up to the court to grant it.
Ask Your Own Legal Question
Customer reply replied 5 months ago
im confused?
the paperwork asked me date of separation?they said they do divorce not separation?how do i file for separation for free? and where?
Customer reply replied 5 months ago
the courthouse said that.
Customer reply replied 5 months ago
what are the benefits of filing for separation??
i filed for divorce...
are you saying my requests for temp alimony and child support..would only be granted if i was separated?
Lawyer: Legal Eagle, Lawyer replied 5 months ago
The date of separation is the date that you believe that the marriage was actually over in your mind. It's how the court can begin to determine how much in alimony or child support is owed. Also, I think that you may need a phone call. Some of the questions you have would require a lot more time to type than to speak. If you are interested, I believe that you can request a phone call at anytime
Ask Your Own Legal Question
Lawyer: Legal Eagle, Lawyer replied 5 months ago
It is an additional $60, but trust me when I say that it will be cheaper to speak with an attorney over the phone right now rather than going to see one in person.
Ask Your Own Legal Question
Lawyer: Legal Eagle, Lawyer replied 5 months ago
I think that you are confused about some basic concepts and a phone call can certainly clear then up a lot easier than writing will.
Ask Your Own Legal Question
Lawyer: Legal Eagle, Lawyer replied 5 months ago
Divorce in California can be a confusing process so I think that a phone call would be necessary.
Ask Your Own Legal Question
Customer reply replied 5 months ago
can't afford it at this exact moment..but good to consider.so the court looks at date of separation and calculates from that point on what is back owed?
Customer reply replied 5 months ago
i just really need to know the steps to take next..
i filed..
now i have to serve him..
during that time i have to obtain paperwork to ask for interim child support /alimony?
and turn it in?
Lawyer: Legal Eagle, Lawyer replied 5 months ago
Hi, I'm sorry. My time to be able to answer
Ask Your Own Legal Question
Lawyer: Legal Eagle, Lawyer replied 5 months ago
My time to be able to answer questions is limited. This means that I am going to have to opt out of this discussion and let another expert who can help you take over. My sincere apologies.
Ask Your Own Legal Question
Customer reply replied 5 months ago
ok
will they see all our earlier discussions?
Lawyer: DanLegal, Lawyer replied 5 months ago
DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 694
Experience: Partner at McCollum Hodgkinson, P.C.
Verified

Hello my name is ***** ***** I am happy to help - what specifically do you need help with? The next steps in the process?

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 24,657
24,657 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:

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

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

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
My son was married. 7-11-15. There are no children. They
My son was married. 7-11-15. There are no children. They leased home together for yr. They did not have to renew after first yr. They both were to to pay household together. They both make about equal… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,266 satisfied customers
The Bank of America has sent me a packet requesting information
The Bank of America has sent me a packet requesting information for a possible "loan modification" under the Home Affordable Modification Program and also the "hardest hit" plan and I don't know if I … read more
loeblaw
loeblaw
Judicial Doctorate
1,629 satisfied customers
I did an Obama Making home affordable modification almost 2
I did an Obama Making home affordable modification almost 2 years ago but kept our loan at it's original 15 yr mortg. After 2 years we're still in trouble, so I'm trying to do another mod, and extend … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Im getting divorced in state of AR. She wants $1,900 month
I'm getting divorced in state of AR. She wants $1,900 month child support. No alimony. My income is no where near what it was over the past 3 years. 14 yr old and 11 yr old boys. Should I fight it? Av… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I am currently in a NJ foreclosure mediation program and have
I am currently in a NJ foreclosure mediation program and have a second session for Feb 15, 2011 but have a trial on Dec 15, 2010 where I would most likely loose the trial. Does a chapter 13 filing bef… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Divorced 2000, awarded alimony. Stipulation and agreement filed,
Divorced 2000, awarded alimony. Stipulation and agreement filed, incorporated and merged in Judgment Nisi. Husband retired, was denied modification at trial 2009. He filed same complaint again. Does S… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
If you can no longer afford to pay your mortgage, taxes, insurance,
If you can no longer afford to pay your mortgage, taxes, insurance, utilities,maintenance etc due to loss of income; and also own a second home with a mortgage that you can afford with the help of ret… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
In Oct. the Judge order my lawyer and my ex-husbands lawyer
In Oct. the Judge order my lawyer and my ex-husbands lawyer to have things settled by the time we went to court (which is today). I have not heard anything thing from my lawyer till yesterday. He was … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,185 satisfied customers
heres is my deal. told husband i was done with marriage. He
heres is my deal. told husband i was done with marriage. He retained on 4/2/09 and I was thrown in jail for dv on 4/3/09 while no one was home. Stated to police fear of his life and I was going to blo… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,657 satisfied customers
I got a trial modification on my first mortgage and I want
I got a trial modification on my first mortgage and I want to now if should I wait three months till becomes permanent or I could start getting a settlement on second mortgage which I been having with… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
male age 41 married 14 yrs 2 STEP children 2 children from
male age 41 married 14 yrs 2 STEP children 2 children from marriage homeowner of house thru family for 7 yrs possible divorce soon have been separated for 5 months I am still in house alone Wife has n… read more
BizAttorney
BizAttorney
Attorney
Doctoral Degree
1,658 satisfied customers
Hi. My husband and I have been seperated for aprox 4 months.
Hi. My husband and I have been seperated for aprox 4 months. We have two children ages 9 and 13. We are doing shared custody right now although he has them more days then I do because of the school di… read more
JaxLawyer
JaxLawyer
Solo Practitioner
Doctoral Degree
257 satisfied customers
A friend of mine just went to divorce court today. They awarded
A friend of mine just went to divorce court today. They awarded the mother $240 per week in support when she lives rent and child care free. That leaves my friend with only $800 per month to live. He … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
My wife and are have been married for 50 months. She decided
My wife and are have been married for 50 months. She decided to separate and left the house we own together after 45 months of marriage. She rents an apartment on her own with her two children from an… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I was married for four days then I was incarcerated. The spouse
I was married for four days then I was incarcerated. The spouse has been in the house, we haven't spoken in over 4 yrs. She hasn't paid any of the taxes since I left, which accululated to $33,000. I a… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
2,132 satisfied customers
I have a friend who cant afford a lawyer. Her ex husband is
I have a friend who cant afford a lawyer. Her ex husband is phycially and emotionally abuseing the kids. In her divorce decree she is supoos4ed to have thim on thursday and take them back sun and he h… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
got a divorce and was ordered to pay alimony for 3 yrs. into
got a divorce and was ordered to pay alimony for 3 yrs. into the process for about a year now. We did not have a trial we settled out of court. my attorney advised that my deal was a good deal. unfort… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
I live with my husband of 15 yrs. in NY, I worked and was ...
I live with my husband of 15 yrs. in NY, I always worked and was the primary income earner for the majority of the marriage earning approx $65k per year, while he was unemployed for many years. I Beca… read more
Walter
Walter
Just Answer Consultant
6,024 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