Alimony and Child Suport After Divorce?

Men will tell you all kinds of nonsense to get you to freak out. Each state has different laws regarding child support and alimony. I know in UT you can get alimony no longer then the amount of time you were married and the amount of alimony you get depends on how much it takes for you to be on an even level for income. The lawyer should have gone over all of this with you. Maybe you should go for another consultation with a different lawyer. They are usually free.

I think you really need to have an attorney tell you. It depends on soooo many factors. My ex and I make roughly the same amount of money (aprox 50 per year). We have 1 child together and he pays 675 per month (that factors in daycare and medical). He has her 40% of the time.

Your really, really need to consider finding a job that does not make you dependent on the child support to survive.... just because there are often glitches, it may not show up one month, or he may stop working and you wont get any for an indefinite period of time.
A friend of mine's daughter just got divorced and she opened a trust fund for her daughter that she can access at age 21, now all the support money goes STRAIGHT to that account. I think that is such a great idea. A child is already slighted by losing a two parent household, what a great thing it would be to know that when you are 21 some money is in the bank for you that your parents cared enough to set up.
Do what you can to support YOURSELF, because being dependent on that money that is specifically for your childs raising should NOT be used for your basic needs, it is to compensate your child.

I know this isn't what you want to hear but your husband does not make a lot of money so even if you got a big percentage of that (which is unlikely because he has to be able to live too) it wouldn't even be enough to cover daycare expenses. I don't think you have been married long enough for alimony but maybe you can it for a short amount of time. I hope you have family around to help you throughout this transition. I would try to think of any money you get from him as a bonus and figure out how you can cover all of your expenses on your own. I wish you the best.

Look, it doesn't matter what "he" says. There are laws to protect you against a jerk of a husband. He is not a judge or a court of law. If he is going to be a jerk, step up to the plate woman and let him know you are no dummy.

So first of all, remember you are strong. I like this quote by Eleanor Roosevelt:
"A woman is like a tea bag. You never know how strong she is until she gets into hot water."
-- Eleanor Roosevelt

You are not the first woman to raise a brood alone. Many strong women have gone before you. The key is to do it right. Protecting your financial interests is a good thing to do. It's good that you are asking for advice, step by step, along the way. Knowing the right questions to ask is good too, and your appear to be on the right track.

So first, get a good referral from a few ladies on divorce attorneys. I would interview three--at least, during a free consul, to see whom you click with. Take notes on each. Have a set list of questions, prepared for your interview. Get dollar figures and how they expect payment, etc. Will they wait for payment until you collect on the alimony, whatever.

To my understanding, alimony is a set figure. Your attorney should know 2 things: if it set, what is that figure and two, if you are entitled to it based on your length of marriage. My guess is that you are. Another mom said 10 years is the length; that is the length to collect on his social security but I don't think it is that high for alimony. Many women have young kids and dedicate their lives to raising those kids. If they couldn't have alimony as support to 'reestablish' their careers, that would be totally unfair. I found a link for you and it states that you may be entitled to "spousal maintenance" based on certain situations. Get a good lawyer though to help you win this!
http://www.azcde.com/spousal-maintenance.php

But, I do think that child support is based on his income. So you get the kids the majority of the time, you will get a sum to help cover their care. To my understanding, anything extra, like daycare expenses, educational expenses, etc., you may need to fight him on. If you do, that is sad but you will win if you have a case.

As far as him letting the house foreclose, leaving you homeless, well speak to your attorney about that. What a jerk he is! Mother of his kids...arghhh. While it's on my mind, get some counseling to help you understand why you selected such a jerk. I don't want to sound mean at all, but we all do make choices in our lives and you sure don't want to make that same mistake over. You deserve a man that honors you, even in challenging times.

So, find out how long till the house forecloses...i.e., how long you can live there. Some foreclosures, to my understanding can take a long time. Make sure those utilities stay on too. Prepare for alternative housing if necessary, but if he was the sole provider, it just doesn't seem logical to me that he, with the income, can leave you high and dry. Discuss with your lawyer.

You will make it on your own. There are a plethora of resources for women.

Here is another article you may want to read!
http://www.huffingtonpost.com/jeffrey-a-landers/the-top-6...
Educating yourself is your insurance policy that you will be protecting your interests and the interests of your children.

Here's another link to a seminar that is free. It's free. Maybe there is one in Tucson too.
http://divorce.eventbrite.com/ They have a FB link too.

Bottom line is there are men that try to weasel out of their responsibilities. I know a woman and her and her ex got divorced 10 years ago and she has had to fight him on everything. She wins but she has to fight.

This link might help you with some info. They are in Phoenix but maybe they could refer someone to you in your neck of the woods.
http://www.azcde.com/index.php

Here is another calculator - not sure why they aren't working for you.
http://supreme.state.az.us/childsup/pdf/arizsup22.pdf

When I enter $2800 gross income for dad and no income for you with no additional money obligations and dad getting 140 days, I get $663.34 as your base child support to be received. That will increase if he pays any medical, daycare etc.

so, if you play around with it - it looks like Arizona figures child support off the "cost of raising a child" which not all states do (OK, where my decree is - does it this way, but IL where I am now just takes a % of non-custodial parent regardless of what the custodial parent makes). Which means that what you make will impact what he pays. however, it won't impact it by that much (for example if you re-do the same calculator and you now make $1274/month - a 40 hour job at Arizona min wage - his child support will be $500.74. But ON TOP OF THAT you would add a % of daycare costs, medical insurance etc (the cost of which would be figured at each of your % of 'the cost of the child').

make sense?

Basically, I agree with the other mamas - if you get any spousal support it will be minimal and only temporary so try not to count on that - except that he may be ordered to pay something akin to a maternity leave - support until 6 or 8 weeks after the birth when you would normally go 'back to work'.

Also, don't count on it. Easier said that done, I know. And it's very frustrating.

Good Luck.
B.

The calculators you've been using should give you a good idea of what to expect. The calculators do work. Try this one www.alllaw.com/calculators/Childsupport/Arizona/

Being that your husband doesn't make that much to begin with, the chances of you receiving much alimony is very little. The amount you do receive will be in the form of child support.

Ask for a lot, be willing to accept a lot less. Remember to take into consideration things like day care which you'll need to pay since you'll be working, medical insurance and medical copays.

I was divorced more than 30 years ago and even then, courts were not awarding alimony except where the working spouse was fairly wealthy and the stay at home spouse had been out of the job market for many years. I would doubt that you would get any alimony. But as you are in your last trimester, you might get temporary support (that's what it used to be called) extended to get thru pregnancy and for a reasonable period to look for a job. If you have family to assist you while you get things in order, that will help you. Is there someone you could live with until you are able to get a job? My mom provided my full time day care and I would not have made it without that as the child support did not even cover the costs of day care (We were very young and he did not make much money either.) The next few years will be tough financially and it will be tough on the kids as they have to adjust to the divorce and to you working so I hope you have family around you to help you. Good luck to you.

It may differ between states. I get 17% of what my ex was earning for one kid. No overtime, but he also has to pay same amount even now that he is unemployed or he goes into arrears. It also will depend on how many overnights he has. I get the full amount because I have my kiddo full time (really, 4 overnights in 5yrs of life).

I can't say anything about alimony.

Ask your lawyer about splitting daycare costs too. Mine never brought this up when we got divorced (dd was 4 1/2 months old) because I was working nights and home during the day and my parents took turns watching her. Lawyer never thought ahead that I might change shifts. Now, the child support doesn't even cover 2 weeks of daycare, let alone anything else.

You will have to go to work. Child support and alimony are not meant to support you but to be an assistance to your income. If you can pay rent or house payment, food, utilities, car payment, insurance, gasoline, clothing, etc...on less than $1000 a month then you might be able to get by.

Go to your state website and look up child support scales. I would still imagine you won't get more than 25% - maybe 30%. You cannot leave him destitute and you will not get even half his income. He has to be able to live and support himself. If he has other child support on other children that will be taken off his total income before you have any claims.

Google "child support calculator for Arizona".

This one appears to be the Arizona court system's calculator.
http://azcourts.gov/familylaw/childsupportcalculator.aspx

Every state is different, but I don't think you've been married long enough to get alimony. If you do get it, it may only be for 1/2 the length of your marriage (so, 2 years). Your hubby makes $2800/mo, so even if he give you 1/2, that probably isn't enough for you to live off. You might have to work part-time. And, he might have to get a part-time job during nights/weekends to pay his child support. My sister is getting ready to go through a divorce. Her husband has a 8-5 job. She has a college degree but has always worked nights as a bartender so she can be with her kids during the day. Her husband rented a house in the same neighborhood, so he can watch the kids the nights she works. You definitely have get creative and think outside the box.

You've only been married 4 years but you have a 7 year old (which I suppose could be from a previous relationship) but if you've been together longer, sometimes they'll take that into account (especially if you were the primary breadwinner during some of that time - like you suppored him while he was in school or something) when determining "length of marraige."

Alimony (maintenance) is pretty rare these days, apparently.

It is hard to say w/out knowing your expenses and what/how much $ you are used to living on now b/c they take all that into account too...but if I had to venture a GUESS, I would say somewhere around $600-$900 a month in child support (@ $200-$300 per kid) and I have NO clue on Alimony??

I know that doesn't sound like very much but you need to remember that they will set an amount that you will be responsible for as well....so when they break down the numbers they are gonna state something like it will take $X amount in 'obligation' to raise each child per month...father is responsible for X% and Mother is responsible for X%.

Your lawyer will be able to answer this question...I have NO idea what the "standards or guidelines" are for your state?

I am sorry the calculator thingys aren't working for you...

Talk to your atty who should have a good idea of what the courts are actually awarding in your area. The calc worksheets are just a guideline around here. My atty knew how the different judges ruled so once ours was assigned, we had a better idea what to ask for.

My ex is retired and his income was down when we divorced. The child support he pays based on his income is ridiculously low. However, I stayed home to raise our children so I was also awarded spousal support both "transitional" which is supposed to help me get back to work, and "maintenance" to make up for loss of income resulting from staying home instead of pursuing my career for all those years. This will continue for half the length of our marriage.

You can go back and revise the child support if your ex gets a better job. They can garnish his wages if he doesn't pay. In Oregon, you can also request that the state collect and distribute monthly to you. But now is the time to negotiate the best possible settlement you can get. Work with a good attorney. Yes you will need to think about getting a job and supporting yourself in the future. But you have a baby on the way and will need a way to take care of yourself and your children for the first year or two til you can get back on your feet.

Get advice from legal sources. You need the bulk of the money in child support since that gives you a better legal situation should he not pay.

Go to see a lawyer. The first consultation should be free.
You need that "expertise" to be sure you know what you are legally allowed to get. I know I was surprised and would never have gotten it had I not consulted a lawyer. I wish you luck and peace!

It is probably different each state. Here in NH child support is a percentage per kid. The first kid is 25% of your ex's income and then 8% each kid after that. They will take into consideration his expenses first but they do not take it all off the top.
Thats in NH anyway