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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: 3 months ago.Category: Legal
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Answered in 5 minutes by:
3/18/2018
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 12,148
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.

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Customer reply replied 3 months ago
i filed in ca court
Lawyer: Legal Eagle, Lawyer replied 3 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:-)?

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Customer reply replied 3 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 3 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 3 months ago
i meant 500.00 a week..
Lawyer: Legal Eagle, Lawyer replied 3 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?

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Customer reply replied 3 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 3 months ago
hello?
Lawyer: Legal Eagle, Lawyer replied 3 months ago

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

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Customer reply replied 3 months ago
ok
Lawyer: Legal Eagle, Lawyer replied 3 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.

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Lawyer: Legal Eagle, Lawyer replied 3 months ago

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

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Customer reply replied 3 months ago
how do you ask the court?
Lawyer: Legal Eagle, Lawyer replied 3 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.
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Customer reply replied 3 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 3 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
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Customer reply replied 3 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 3 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.
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Customer reply replied 3 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 3 months ago
the courthouse said that.
Customer reply replied 3 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 3 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
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Lawyer: Legal Eagle, Lawyer replied 3 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.
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Lawyer: Legal Eagle, Lawyer replied 3 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.
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Lawyer: Legal Eagle, Lawyer replied 3 months ago
Divorce in California can be a confusing process so I think that a phone call would be necessary.
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Customer reply replied 3 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 3 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 3 months ago
Hi, I'm sorry. My time to be able to answer
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Lawyer: Legal Eagle, Lawyer replied 3 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.
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Customer reply replied 3 months ago
ok
will they see all our earlier discussions?
Lawyer: DanLegal, Lawyer replied 3 months ago
DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 573
Experience: Partner at McCollum Hodgkinson, P.C.
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Hello my name is ***** ***** I am happy to help - what specifically do you need help with? The next steps in the process?

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