Newly seperated, need advice!!!

[CJK1]

What is the name of your state? Pennsylvania

My husband moved out of the house on March 3rd of this year at my request for a seperation (we have 2 kids, ages 18 and almost 16).

I have worked for his company for the past 8 years that he owns along with his brother and father. Needless to say, I am unemployed now because of this.

I continued to receive pay from his business until this past Friday. The reason being is that he had me followed and found out that I had a "date" with another man. That was the first time that I dated the "other" man. There were no indiscretions during any time of our 19 years of marriage while he was living in this household.

After he found this out on March 17th, he stopped my paycheck and only made a $150.00 deposit into our joint checking account this past Friday. Needless to say, this will not cover the bills for the house that I am living in with my two children. In fact, it doesn't even come close to paying for half of it. When I asked him how I'm supposed to pay the bills while unemployed, his response was for me to put all of it on MY charge card (which is only under MY name), and then use MY half of our joint tax return to pay it off (which will only equal $1,600) I don't even know when I will receive it. Meanwhile, I have bills that will be coming up due soon.

For the record, our combined weekly net income during the course of our marriage was $446.61 per week. Now he will only be paying only $150.00 a week into our checking account.

Does he have the legal right to do this? He's not owning up to his share of our debt, is he? Or would $150.00 per week be covering his end as far as child support and temporary alimony go (taking into consideration our weekly income).

Does the fact that I had a date 2 weeks after the seperation play into this at all? If he claims "adultery" because of it, am I entitled to less alimony because of it?

[Bali Hai]

Originally Posted by CJK1

What is the name of your state? Pennsylvania

My husband moved out of the house on March 3rd of this year at my request for a seperation (we have 2 kids, ages 18 and almost 16).

I have worked for his company for the past 8 years that he owns along with his brother and father. Needless to say, I am unemployed now because of this.

I continued to receive pay from his business until this past Friday. The reason being is that he had me followed and found out that I had a "date" with another man. That was the first time that I dated the "other" man. There were no indiscretions during any time of our 19 years of marriage while he was living in this household.

After he found this out on March 17th, he stopped my paycheck and only made a $150.00 deposit into our joint checking account this past Friday. Needless to say, this will not cover the bills for the house that I am living in with my two children. In fact, it doesn't even come close to paying for half of it. When I asked him how I'm supposed to pay the bills while unemployed, his response was for me to put all of it on MY charge card (which is only under MY name), and then use MY half of our joint tax return to pay it off (which will only equal $1,600) I don't even know when I will receive it. Meanwhile, I have bills that will be coming up due soon.

For the record, our combined weekly net income during the course of our marriage was $446.61 per week. Now he will only be paying only $150.00 a week into our checking account.

Does he have the legal right to do this? He's not owning up to his share of our debt, is he? Or would $150.00 per week be covering his end as far as child support and temporary alimony go (taking into consideration our weekly income).

Does the fact that I had a date 2 weeks after the seperation play into this at all? If he claims "adultery" because of it, am I entitled to less alimony because of it?

If he "claims" adultery no, if he proves it maybe.

You are not "entitled" to alimony, you are awarded or gifted alimony by the judge.

What makes you believe you will be awarded alimony when you have work skills that you aquired from your husbands place of employment?

[CJK1]

Temporary alimony until I find a new job. I stopped working at his place of employment this past Friday. Decent paying jobs do not fall into a persons lap overnight.

Meanwhile, he expects me to pay HIS debt? His name is still on everything.

[stealth2]

If the two of you were bringing in $450/wk, $150 is just over 25% of that - which is likely pretty close to the CS he'd be required to pay.

The "adultery" isn't likely to go far, but..... it was rather foolish to go out on a date 2 weeks after you told him to move out. Finish the business with him, then start new business.

And they're not "your" kids. They are his, as well.

[CJane]

Originally Posted by CJK1

Temporary alimony until I find a new job. I stopped working at his place of employment this past Friday. Decent paying jobs do not fall into a persons lap overnight.

Meanwhile, he expects me to pay HIS debt? His name is still on everything.

Decent paying? You were JOINTLY bringing in less than $2000/month! That's not 'decent paying' when you have kids.

You're not entitiled to alimony. Not even temp alimony and the chances of a judge awarding it are nil. Your child/ren will receive child support, but as stealth said, it's not likely to be a lot more than the $150/week he's already paying. In fact, it's likely to be less.

[CJK1]

Originally Posted by CJane

Decent paying? You were JOINTLY bringing in less than $2000/month! That's not 'decent paying' when you have kids.

You're not entitiled to alimony. Not even temp alimony and the chances of a judge awarding it are nil. Your child/ren will receive child support, but as stealth said, it's not likely to be a lot more than the $150/week he's already paying. In fact, it's likely to be less.

You're wrong, he's owns a business, for Christ's sake. He kept his pay and my pay low ON PURPOSE. The business's assets need to be taken into account.

And do you seriously believe that he can abandon his half of the debt? Wow.

Geesh, I come on here thinking that people might have a clue about the law. I guess it's true what they say - the worst kind of advice is free advice.

See ya.....

[moburkes]

For the record, our combined weekly net income during the course of our marriage was $446.61 per week.

The responses that you received were based on the information that you provided. Apparently, you forgot what you wrote. You didn't have a problem of his keeping both pays low until now. How will you spin that one in front of a judge? If you can't take it from strangers on the net, I'd hate to see you in court.

Well, you're the ones who's bills aren't being paid, so take your advice where you can get it.

[LdiJ]

Originally Posted by moburkes

The responses that you received were based on the information that you provided. Apparently, you forgot what you wrote. You didn't have a problem of his keeping both pays low until now. How will you spin that one in front of a judge? If you can't take it from strangers on the net, I'd hate to see you in court.

Well, you're the ones who's bills aren't being paid, so take your advice where you can get it.

If its an S corp its completely normal to keep salaries low. You pay the principals a salary that is "reasonable" which requires social security and medicare withholding, and then you take the rest of the profits as a distribution, which does not require social security and medicare taxes.

Its not illegal or fraudulent. Its simply "normal". The fact that the profits do not require social security and medicare withholding is the very reason WHY people form S-corps.

Therefore, CJane's answer was incorrect, they have a long term marriage and alimony is quite possible if his share of the profits of the business are significant.

OP needs an attorney.

[moburkes]

I'm not saying that its not normal. Nowhere in her original post did she state that their net incomes are low because of a business. She stated that they make good money, and then put a $ amount on that good money. That $ amount didn't match the words "good money". You can only make a response based on what people write, and some educated guesses.