by WuzLovesDubs 9 Replies latest jw experiences
Ok...Im not divorced just separated. I just last year started a job but Im part time hopefully going on full time, and certainly cant afford to live on my own. I have the two youngest kids with me. Almost 18 and almost 14. We were self employed for most of our marriage. So after 22 years of marriage I should, I believe, get alimony AND child support.
I saw a form online for trying to figure this out in Florida but damn its complicated. How do I know whats fair?
Most states have a formula they use and it differs from state to state. You really need to ask your lawyer.
Ohio is a no-alimony state now. Does FL allow alimony?
StAnn
BTW, if your ex- gives you alimony, you have to pay taxes on it as income. If he pays you child support, he may claim the children as dependents, in part to offset the amount of alimony he is paying you. You could ask your attorney to make sure that you get to claim the children on your taxes or else you may end up owing taxes on the alimony.
And remember, alimony is for life or remarriage, child support is not, so when you decide how much money to request, request most of it as alimony and less of it as child support. That way, when both kids are grown, you'll still have a decent alimony check coming in.
Remember, if the children live with you, the standard of living of the mother will be the standard of living of the children. Use that argument as to why it's important that you get a bigger alimony check.
StAnn
As others have said, it varies state to state, but I will talk about California from what I know. There is a formula for child support that is used (your attorney should be able to access it). But it's based upon BOTH of your incomes. You probably would get child support until the almost 18 year old turns 18. Alimony could be for life, remarriage or a set number of years. It also looks at the marriage's past and current income. As anything, it's up for negotiation.
20 years ago my wife divorced me and she asked for child support and alimony- her lawyer and my lawyer both told her she would never get alimony. The best she could hope for was money to pay for schooling for a new career. My argument was that she quit college to be a JW, so she needed to quit JW's and then I would pay for her to go back to school. Of course that never happened. So, I believe getting alimony in Florida would be very hard to get.
WUZLOVEDUBS- In California when I was divorced from my witness wife in 1998 - the courts decide how much alimony and child support is paid out as was said based on both your incomes. California is a " no-fault " divorce state and possessions are split up 50/50 . If you are self employed as I was and am, they take your net income after expenses and base it on that. The more you make , the more chances you will pay alimony on top of child support . I didn't have to pay alimony even after 19 years of marriage. But I payed child support , a generous sum for 8 straight years and NEVER missed a month, ever. And took my teenage kids shopping and on vacations as well. Just make sure the children are well provided for - that's the main thing
GET A LAWYER! In North Carolina everything in a separation agreement is written in stone, except for child support.
I confirm that every state has its own formula for calculating child support. Many states no longer have alimony. I would suggest seeing if there are law firms that do pro bono work or other law agencies that give help on these things. If you do have a lawyer, they would be the best person to go to.
Child support guidelines consider:
http://dor.myflorida.com/dor/childsupport/guidelines.html
You can get an estimate of child support amounts by using the Florida Child Support Calculator. The calculator will take the information you put in and give you an estimate of your child's support amount. This estimate is for informational purposes only. A court or agency may look at factors that are not included in your estimate.
Unlike child support, there is no formula to calculate alimony in the State of Florida. Alimony calculations are left up to the Court’s discretion. There are rules the Court must abide by, but those rules are open to a wide interpretation. Florida Statute 61.08 is the statute that outlines the “rules” that the Court must use in determining alimony. Alimony may be granted to either party, and it may be rehabilitative or permanent. It could be a lump sum or you could pay payments—or both. Though Florida is considered a “no fault” state, it is not a true no fault state, as the Court may consider the adultery of either spouse when determining the amount of alimony awarded. If you know you are going to be stuck paying alimony, there is an equalization formula that can be used to figure what you may possibly be ordered to pay.
Thank you guys soooo much. Blondie girl..you rock sistah. Valuable info. There.
I really do think we need to get something in writing so he knows what he needs to come up with and I know how much I have to deal with....always.
LD :)
3 Words: GET A LAWYER
