Filing??

[phoenix09]

What is the name of your state (only U.S. law)? FL

Going to file a petition for support UNCONNECTED to a dissolution and my question is where do I file? Can I file in the place I reside now or do I have to file in the place that we lived together?

 

[mistoffolees]

What is the name of your state (only U.S. law)? FL

Going to file a petition for support UNCONNECTED to a dissolution and my question is where do I file? Can I file in the place I reside now or do I have to file in the place that we lived together?

How about a little more information?

Are you talking about child support or spousal support?

If spousal support, were you married? How long? What are your relative incomes?

Why is it not connected with a dissolution? What's going on? Is there a dissolution that is already final? If so, what does it say about support?

 

[phoenix09]

How about a little more information?

Are you talking about child support or spousal support?

If spousal support, were you married? How long? What are your relative incomes?

Why is it not connected with a dissolution? What's going on? Is there a dissolution that is already final? If so, what does it say about support?

Both.

We are currently married. Very short less than 7 yrs. I know that short marriages normally get nothing but I am hoping the judge will consider the fact that he has been paying me spousal support ($450/month) since we've been married but I realize its to the judge's discretion. I am a full time student he is active duty military. 2010 reported income $55K+. Projected income for 2011 $60k+.

Its not connected because neither of us have filed and I do not wish to file. He informed me that he has for the 2nd time in 3 months lowered our (myself & 3 children) support amount again. The first time was when he started seeing Mistress #4. So Im guessing he has done it this time because its getting close to the holiday and Mistress #4 will be needing a nice gift. Other than that I just really don't know.

 

[Silverplum]

Both.

We are currently married. Very short less than 7 yrs. I know that short marriages normally get nothing but I am hoping the judge will consider the fact that he has been paying me spousal support ($450/month) since we've been married but I realize its to the judge's discretion. I am a full time student he is active duty military. 2010 reported income $55K+. Projected income for 2011 $60k+.

Its not connected because neither of us have filed and I do not wish to file. He informed me that he has for the 2nd time in 3 months lowered our (myself & 3 children) support amount again. The first time was when he started seeing Mistress #4. So Im guessing he has done it this time because its getting close to the holiday and Mistress #4 will be needing a nice gift. Other than that I just really don't know.

This is a legal question, so don't get all bent -- are all of the children his kids?

 

[phoenix09]

This is a legal question, so don't get all bent -- are all of the children his kids?

No worries. Yes they are. Ages 5, 3, and 4 months.

 

[Silverplum]

No worries. Yes they are. Ages 5, 3, and 4 months.

Okay, then it's time for the explanation of how things are vs. how you think they ought to be.

As a military member, he receives BAH and must pass it on to you. Look into that situation for yourself and the kids.

As a married person with no court orders to support you, he can send you whatever he thinks is good.

If you want to find out what he should be paying you in child support, google an online calculator for your state and input the numbers. If allowable in the calculator, input a realistic daycare cost. Because you will need a job, also, and you will very likely be imputed at least a full-time minimum-wage income.

Nothing is truly enforceable without a court order. Fortunately for you, he's military and you can use his command to help you enforce.

Good luck.

 

[mistoffolees]

Its not connected because neither of us have filed and I do not wish to file. He informed me that he has for the 2nd time in 3 months lowered our (myself & 3 children) support amount again. The first time was when he started seeing Mistress #4. So Im guessing he has done it this time because its getting close to the holiday and Mistress #4 will be needing a nice gift. Other than that I just really don't know.

You don't wish to file because you can continue to receive his support indefinitely, right?

As it is, he doesn't have to give you anything (other than a portion of BAH as SP indicated). Until there's a court order, you're not entitled to anything.

File for divorce, custody, and support.

 

[phoenix09]

You don't wish to file because you can continue to receive his support indefinitely, right?

As it is, he doesn't have to give you anything (other than a portion of BAH as SP indicated). Until there's a court order, you're not entitled to anything.

File for divorce, custody, and support.

Please don't do that. You don't know me and that's really not necessary. Maybe I don't wish to file because I just don't want a divorce. Not everyone wishes for the marriage to end and stop assuming that EVERY wife or female in general is trying to live off their spouse just because at the moment they are not employed. It could be that I am searching for a job and have been for the past 3 yrs but like the other 8.6% of unemployed americans I just haven't been able to find one that will adequately support myself & 3 children. So in the mean time I am adding to my resume and training by going to school. I mean I could be like every other lazy person and just file for welfare but that's not my cup of tea. Plus its not the tax payer's job to provide for my family. Its mine and my husband's.

Actually you're wrong. As he is military he DOES have to support his family until he is court ordered to do so. I AM entitled to at the very least to child support. I did not create these children on my own in a test tube or by miraculous conception so Im sure I won't be made to support them on my own.

You have not even answered my original question at all. WHERE do I file?

 

[phoenix09]

okay, then it's time for the explanation of how things are vs. How you think they ought to be.

As a military member, he receives bah and must pass it on to you. Look into that situation for yourself and the kids.

As a married person with no court orders to support you, he can send you whatever he thinks is good.

If you want to find out what he should be paying you in child support, google an online calculator for your state and input the numbers. If allowable in the calculator, input a realistic daycare cost. Because you will need a job, also, and you will very likely be imputed at least a full-time minimum-wage income.

Nothing is truly enforceable without a court order. Fortunately for you, he's military and you can use his command to help you enforce.

Good luck.

thank you very much silverplum