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Alimony Question

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LadyBe205

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

This question is regarding my niece, but I would like the information so I can answer correctly when she asks me....

Niece has been married for 6 years, separated for 6 months. Two children ages 2½ years and 11 months old. She worked up until a few months before her oldest child was born. She believes that she will never have to work again since she’s a “stay at home mom” and that her soon to be ex will have to pay her alimony and child support at least until the kids are 18. She uses the excuse that the baby is still nursing so she can’t work. I can see child support, but alimony? For a person who is perfectly able to work but won’t? Is she correct?
 


LdiJ

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

This question is regarding my niece, but I would like the information so I can answer correctly when she asks me....

Niece has been married for 6 years, separated for 6 months. Two children ages 2½ years and 11 months old. She worked up until a few months before her oldest child was born. She believes that she will never have to work again since she’s a “stay at home mom” and that her soon to be ex will have to pay her alimony and child support at least until the kids are 18. She uses the excuse that the baby is still nursing so she can’t work. I can see child support, but alimony? For a person who is perfectly able to work but won’t? Is she correct?
No, she is not correct. She will get child support until the children are legal adults (assuming that the children end up primarily living with her) but its not guaranteed that she will get alimony at all, and if she does, it will only be for a very short time (maybe a year or two). Whether she likes it or not, she is going to have to get a job.
 

mistoffolees

Senior Member
No, she is not correct. She will get child support until the children are legal adults (assuming that the children end up primarily living with her) but its not guaranteed that she will get alimony at all, and if she does, it will only be for a very short time (maybe a year or two). Whether she likes it or not, she is going to have to get a job.
Even the child support is not guaranteed. If they end up with anything approaching 50:50 and if she makes as much as Dad (or more), she may not even get child support in the future.
 

xylene

Senior Member
I think you don't need to do anything to hasten you niece's rude awakening.

If she is divorcing, she should have a lawyer and that is what, and all, she needs to know from you.
 

Antigone*

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

This question is regarding my niece, but I would like the information so I can answer correctly when she asks me....

Niece has been married for 6 years, separated for 6 months. Two children ages 2½ years and 11 months old. She worked up until a few months before her oldest child was born. She believes that she will never have to work again since she’s a “stay at home mom” and that her soon to be ex will have to pay her alimony and child support at least until the kids are 18. She uses the excuse that the baby is still nursing so she can’t work. I can see child support, but alimony? For a person who is perfectly able to work but won’t? Is she correct?
She is so wrong it is not even funny. Ask her where she will get enough money to live on if dad decides to be a deadbeat?

A six-year marriage won't afford her more than a few years ~ maybe ~ of alimony.
 

LadyBe205

Junior Member
Thank you for your help and information.

There is no paperwork filed at this point, but he is paying her expenses. She's just mad that he cancelled the cable, internet and her cell phone. I told her she was lucky he was doing anything at all, to quit complaining and learn how to take care of herself.

Family...can't live with them, can't leave them by the side of the road!
 
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