Legal seperation, alimony?

Question

our sons wife of three years told him to GET OUT , they have two small children, one that is bilogically his. he has been moved out for a month and pays her 500 dollars for the support of the kids. Both parties work, but she has used none of her money to keep up on insurance rental payements etc, can he be responsible for alimony if she claims abandonment later on? thank you

Answer 1

Unless it is in writing, YES.

Answer 2

If this is all a verbal agreement (she said get out, he did it) then all bets are off.  It will turn into a "he said / she said" argument, and the court will make a ruling based in favor of the best interest of the children.

In cases like this you MUST pay for an attorney and file for Legal Separation.  It is not too late for him to do so.

In the legal separation, his lawyer should also spell out who pays what bills (rental payments, etc) and exacrly how much Temporary Child Support is being paid.

And as he pays this child support -- PAY BY CHECK!  This is the best way to keep official records of exactly how much he paid BEFORE the divorce went final.  On the MEMO portion of the check, be sure to write: "Temporary Child Support".

If both parties work, it is possible that he will pay NO alimony. Alimnoy is set by STATE law, and many states no longer support alimony.  In most cases, alimony only covers the DIFFERENCE between the two respective salaries.  For example, if he make $75,000 and she makes $65,000, the alimony will be rather small.

Note that without the Legal Separation, she can STILL use his name and credit references to get new credit!  And sicne there is not yet a Legal Separation docuemtn, HE would be responsible if she fails to make the payments -- thus s******g HIS credit score.

Get to the lawyer and get that Legal Separation NOW.

Answer 3

Just be sure he goes down to the bank and gets copies of the returned checks he has given her.  If he's giving her cash make her sign a receipt.

Not to mention, he shouldn't be paying for both kids.  No law says he has to support some other mans child.

Answer 4

Anything is possible, I agree he should keep reciepts of everything he does pay for.  However he didn't abandon her and has been paying a good sum each month.

Answer 5

I don't think in a situation like this he will end up paying anything more than child support, and I have a feeling that it would be less than the $500 he's currently paying.

I would have him consult a lawyer though, he's really going to need one.

Oh, and he's going to want to keep proof of what he's currently paying her and any proof he has of her kicking him out would be good too.

Answer 6

Make sure he has PROOF of everything he gives her.  Give them to her in money orders or checks and keep records, then she cant claim he never paid.

OR go to the local court house and ask the circuit court if they can set up child support, then it's all legalized and documented that he IS paying.

He can get really screwed later if there is no proof.

Have him get what he can out of his name if it's not benefiting him, or have him pay on the insurance, etc...himself and DOCUMENT he did it, it all come down to PROOF in court.