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Alimony and C.S. with limited funds?

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Mekai

Junior Member
What is the name of your state (only U.S. law)? TN (Maury county)

My husband has filed for divorce. The only reason he beat me to it is because he's controlling the finances and I do not get any money unless he "gives" it to me. Example. He gives me barely enough to do groceries for a family of 6 and 15 dollars in allowance twice a month. He has outright refused to give me funds to help pay for a lawyer on my end and I am having great difficulty in finding one that will do it pro bono. I'm a SAHM (have been for 14 yrs) with 4 kids ages 3,5,11 and 13. Will have been married 20 yrs come this Nov. He's already informed me that he won't have to pay me very much in alimony because he says all of his needs (bills, mortgage-he's planning on keeping the house while I have to move) and such will come first. He's also planning on trying to get 50/50 or more custody of the kids so that he won't have to pay a huge amount of child support. This he's said, of course he'll deny. He even suggested splitting up the kids between us and rotating them weekly. With no lawyer help right now I'm lost and believing him. I'm scared I'll be forced to accept something not beneficial to me and the kids. He's having an affair with the woman next door and she's footing half his lawyer bills (and attending his meetings!) so I know they have some sly plan to cover that up by saying they're just friends. He makes about $70K base but with overtime he's already set to bring home about $75-80+K (he's already over $44k ytd as of July) He also gets a "stipend?" of about $450 + all travel gas reimbursed a month separate from his check for his (it was supposed to be our car but he snuck and put the title in his name only) car that he bought with outright cash so no car payments or anything. Basically he's getting an extra $450 a month...And I'm forced to accept $30 for an allowance...We do have a ch.13 to which payments are being made which include the mortgage. Ch. 13 payments are $2400 a month (of which about $2100 are mortgage + arrears) and then he brings home between $2100-$2400-depending on o.t.) plus the $450, plus what they reimburse him for any gas used which usually ends up being between $300-$400 so total for that separate check runs between $700-$900. So he has the potential to be bringing in a total of $5000+ monthly ($2600+ if you minus the $2400 ch. 13 payments.) Are they really going to allow him all those deductions and the ability to pay alimony and c.s. (he's pushing for as much custody as he can get to pay less) only after all "his" needs are met? It seems really bleak on my end?
What happens if I can't find a lawyer during the 30 day to respond period who will take me pro bono? No credit cards, no hidden money, no family/friends who can help. I've already tried. He's turned friends against me lying to them and not telling them the true reason for the divorce because "she's their friend too.What is the name of your state (only U.S. law)?
 


Ohiogal

Queen Bee
Why haven't you been working? You are entitled to HALF the marital assets and HALF the marital debt. You can NOT rely on alimony even if you are awarded any. Why shouldn't he have shared parenting/joint custody of HIS children?
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? TN (Maury county)

My husband has filed for divorce.
Okay.

Mekai said:
The only reason he beat me to it is because he's controlling the finances and I do not get any money unless he "gives" it to me. Example. He gives me barely enough to do groceries for a family of 6 and 15 dollars in allowance twice a month.
Okay.
A good thing that will come of the divorce is that you will at last be in charge of your own life: what a relief! :)

Mekai said:
He has outright refused to give me funds to help pay for a lawyer on my end
Not a surprise, really.

Mekai said:
and I am having great difficulty in finding one that will do it pro bono.
That's not a surprise, either.
What you can do is:
--Check the yellow pages for local family law attorneys and see if any/some do free initial consultations (many do). The consult can last between 15-60 minutes, so ask. Write all your questions down in advance, leaving space for the answers you'll fill in during your consult.
--Ask if you can have the attorney paid for by your husband, or from "marital funds."
--See if there's a self-help center at your county's courthouse. Go there and get help ASAP if there is one.
--Google for a law school nearby -- sometimes they have clinics and other help.
--Read posts here on FA and stick to just your state: other states don't matter and will only confuse you.

Mekai said:
I'm a SAHM (have been for 14 yrs) with 4 kids ages 3,5,11 and 13. Will have been married 20 yrs come this Nov.
You'll doubtless need to get a job. You can ask that he be assigned to pay for half the daycare.

Mekai said:
He's already informed me that he won't have to pay me very much in alimony because he says all of his needs (bills, mortgage-he's planning on keeping the house while I have to move) and such will come first. He's also planning on trying to get 50/50 or more custody of the kids so that he won't have to pay a huge amount of child support. This he's said, of course he'll deny.
Doesn't matter what he says. Don't take legal advice from your soon-to-be-X (STBX).

Mekai said:
He even suggested splitting up the kids between us and rotating them weekly.
Some families do that.

Mekai said:
With no lawyer help right now I'm lost and believing him. I'm scared I'll be forced to accept something not beneficial to me and the kids.
Well, that's what we're here for! :):)

Mekai said:
He's having an affair with the woman next door and she's footing half his lawyer bills (and attending his meetings!) so I know they have some sly plan to cover that up by saying they're just friends. He makes about $70K base but with overtime he's already set to bring home about $75-80+K (he's already over $44k ytd as of July) He also gets a "stipend?" of about $450 + all travel gas reimbursed a month separate from his check for his (it was supposed to be our car but he snuck and put the title in his name only) car that he bought with outright cash so no car payments or anything. Basically he's getting an extra $450 a month...And I'm forced to accept $30 for an allowance...
Well, you *have accepted* $30 for an "allowance."

Mekai said:
We do have a ch.13 to which payments are being made which include the mortgage. Ch. 13 payments are $2400 a month (of which about $2100 are mortgage + arrears) and then he brings home between $2100-$2400-depending on o.t.) plus the $450, plus what they reimburse him for any gas used which usually ends up being between $300-$400 so total for that separate check runs between $700-$900. So he has the potential to be bringing in a total of $5000+ monthly ($2600+ if you minus the $2400 ch. 13 payments.) Are they really going to allow him all those deductions and the ability to pay alimony and c.s. (he's pushing for as much custody as he can get to pay less) only after all "his" needs are met? It seems really bleak on my end?
I don't know. I'm SURE it's NOT as bleak as HE makes it sound!

Knowledge is power.

Mekai said:
What happens if I can't find a lawyer during the 30 day to respond period who will take me pro bono? No credit cards, no hidden money, no family/friends who can help. I've already tried. He's turned friends against me lying to them and not telling them the true reason for the divorce because "she's their friend too.What is the name of your state (only U.S. law)?
See above.
Don't freak out and don't give up. :)
 

Silverplum

Senior Member
Legal Aid in Maury County, TN:

http://lawyers.justia.com/lawyers/divorce/tennessee/maury-county#probonos

http://www.tba.org/LawBytes/T1_1002.html


(See? Already, it's getting better. ;))
 

nextwife

Senior Member
What is the name of your state (only U.S. law)? TN (Maury county)
He also gets a "stipend?" of about $450 . . . .. Basically he's getting an extra $450 a month...And I'm forced to accept $30 for an allowance...


We do have a ch.13 to which payments are being made which include the mortgage. Ch. 13 payments are $2400 a month (of which about $2100 are mortgage + arrears) and then he brings home between $2100-$2400-depending on o.t.) plus the $450, plus what they reimburse him for any gas used which usually ends up being between $300-$400 so total for that separate check runs between $700-$900. So he has the potential to be bringing in a total of $5000+ monthly ($2600+ if you minus the $2400 ch. 13 payments.) QUOTE]
AS someone who travelled around for work and recieved reimbursement, the reimbursement is NOT "extra money", it is repayment of money that one is expending paying for gas, extra wear and tear on the car, business use pricier auto insurance, extra maintenance, etc.

It DOES cost more to travel for work than have a desk job and stay in an office all day.

Additionally, you and he CHOSE to use all that credit, and to do so with only one income to pay it back. The creditors helped sustain your SAH lifestyle and are now owed repayment. So the Ch 13 creditors need to be taken care of.
 
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