Ive been a stay at home mom for the last 3 years to mine and my husbands 2 children..?

Question

I live in Northern Indiana...i would like to know if anyone could tell me how to file for divorce and child custody of my kids...when he is the one with the job. There is no way i can get a job...he wont pay for child care and i dont know anyone who can help me out so i can go to work. Please dont be rude with comments i just need some advice.

Answer 1

unless there is some type of abuse involved try to work things out.if you already have, then go to a legal aid center.my wife left me because she thought i was cheating if she had taken into consideration that i was always working because of her spending habits we would still be together.im not sure what your situation is but from what i gathered in your short question thats what i came up with.

Answer 2

He will pay for child care should you return to work... Now, in Louisiana I know the state law says if you're children are under the age of 5, you don't have to work. If you do work, he'll have to pay his portion of day care costs, of which is based on household income. So, basically, he would be paying 100% since he made 100% of the household income. He will also be require to pay child support on top of that. OF COURSE... this is my state. I'm not too sure about your state requirements and laws.

Best thing to do would be to talk to an attorney, you get free consultation so write down all your questions and go over each one. Also would be best to hire a lawyer. If it is an at fault divorce, meaning abuse or affair or something, you can have him pay for it too. If it is a no fault divorce, you can try to have him pay for it, but then he would also be able to try and make you pay for his.

Check out www.alllaw.com for child support and such. Select your state and input all your information, like income and day care costs, etc. for both you and him. It'll give you a pretty accurate amount of child support he'll have to pay.

Good luck to you, and I wish you all the best!  

Answer 3

Sounds like you have yourself in a pickle.  Call legal aid, get a lawyer through them and file for divorce that way.

Your going to have to find some way to get day care taken care of eventually, might start thinking about that right now too.

Answer 4

Hi Amanda,

I'm sorry to hear about your situation.  If divorce appears to be the only way out, my advice is to call a divorce attorney that will give you a free initial consultation.  Make a list of questions you want to ask, such as the amount of child support you might get based on your husband's earnings, if it can be arranged so your husband will have to pay for the cost of the divorce...you know, that sort of thing.

Don't be afraid to ask anything, and don't sign anything until you are comfortable with what you're being told.

Do your homework, and prepare yourself to get back into the work force, and you'll be fine.

I wish you the best of luck.

Answer 5

Talk to a couple of attorneys, find out where your legal assistance office is in your state and county and talk to them immediately.

Your perception of divorce is skewed.  You have been the primary care provider for the family and although he works, your work is important as well.

When you file for divorce the proceedings will determine who is best fit for the child, if in fact such an issue is disputed. Usually the mother has been the primary caregiver and there lies no dispute about continuing this arrangement.  The father will then be given the responsibility to bone up on the financial end to the extent that the court sees fit.

If you cannot work for some reason other than your home duties, then you will have an obligation to show why.  You may qualify for Social Security Disability, which you will have to apply for upon a medical examination conducted by them, to determine your eligibility.  

Otherwise, the court will consider your ability to work and adjudge accordingly, including considering the cost of child care as a part of your living expenses directly associated with having custody of the children.

You need to speak with an attorney who is familiar with divorce and custody proceedings in your area.  A few phone calls and a few meetings will enlighten you as to what steps you must take next.  Do not pay for the first consultation with an attorney, custom within the practice dictates that the first consultation is free, wherein they will give you a general idea of how they'd proceed with your situation and what it would cost to get started.

Good luck.

Answer 6

Well with the law here in Ohio, you being a stay at home mom that has been depending on his income for the past 3 years, you would be entitled to alimony from him. He would also be ordered by Court to pay child support. If he cheated and got someone else pregnant you are more likely to get a judge to favor your side of the case.. Go to an attorney and seek advice.

Answer 7

You can go down to your local courthouse and file a motion for divorce, along with child support and anything else you would need. The paperwork is available and the staff can direct you in how to fill it out..you served the other party the divorce papers..again the court staff will tell you how it is done.