Spousal support and step-children

[ljoan]

What is the name of your state?What is the name of your state? Michigan

I am beginning research related to a possible divorce and spousal support. I have been married for four years and lived together three years prior to marriage. During these seven years, my husband's two daughters, ages 9 and 13, have visited every other weekend. His ex-wife has primary custody. He pays approximately $700 per month in child support. He has some college and earns $40,000 per year (employed 6 years); I have a master's degree and earn $67,000 per year. I have a daughter but she is an adult. The primary reason for seeking a divorce is related to my husband's substance abuse (alcohol) and resulting financial hardship and stress because of alcohol-related incidences. A new home mortgage and down payment loans (no equity) as well as a loan for the truck he drives are in my name. He is unable to obtain a loan due to a bankruptcy.

My questions are these:
1) What part does the child support play in determining income balancing i.e. spousal support? (child support, his previous marriage)
2) What obligation do I have with the two step-children since my husband's income will be less after a divorce and his lifestyle will change somewhat, and therefore, what he can provide his daughters.

[tigger22472]

Firstly your income should not have been figured for his child support anyways so that won't matter. You are not responsible for his children, nor do you need to worry how he supports them, that's his job.

You also had a relatively short marriage secondly. The time you lived together prior to marriage will not matter. I believe this is borderline as far as things go but you more then likely won't be ordered any kind of spousal support as he has shown he can obviously get above average, significant employment.

As far as the house and other things that were obtained throughout the marriage they will be divided. If you want the house you may be forced to buy him out or vice versa.

[000]

Under the circumstances I don't see how either party would be able to get spousal support from the other. Normally, the parties need to be married at least 20 years. And both parties can support themselves.
It aint gonna happen.

[stealth2]

Originally Posted by 000

Normally, the parties need to be married at least 20 years.

Uuuh, no. In many states 10+ years is considered a long-term marriage. However, the rest was right.

[DIVORCEACIDE]

Don't be so sure about no spouse support! My husband has to pay $400 a month and $570 a month child suppport for 2 kids. She makes $1900 a month he makes $3200 a month gross. He carries the health insurance, dental and vision. Now his take home is only $1000 a month. She gets $1400 (arrears too) out of his check! She has even pled guilty to child abuse and domestic violence. She also has been unfaithful throughout the marraige (police reports to prove it!). They were married 13 years.

Sounds like you have a bigger difference in wages.

[Silverplum]

Originally Posted by DIVORCEACIDE

Don't be so sure about no spouse support! My husband has to pay $400 a month and $570 a month child suppport for 2 kids. She makes $1900 a month he makes $3200 a month gross. He carries the health insurance, dental and vision. Now his take home is only $1000 a month. She gets $1400 (arrears too) out of his check! She has even pled guilty to child abuse and domestic violence. She also has been unfaithful throughout the marraige (police reports to prove it!). They were married 13 years.
Sounds like you have a bigger difference in wages.

They were married more than 10 years.

[stealth2]

Originally Posted by Silverplum

They were married more than 10 years.

Confusing the issue with facts again! OP has been married 4 years. Alimony is so unlikely.

[Silverplum]

Originally Posted by stealth2

Confusing the issue with facts again! OP has been married 4 years. Alimony is so unlikely.

I am so silly! And so are you, popping off with facts all over the place!
Yep, way unlikely in OP's situation.

[ablessin]

Originally Posted by stealth2

Confusing the issue with facts again! OP has been married 4 years. Alimony is so unlikely.

Right - I was married 5 years and don't get a penny. It's 10 years and more.
The house will be divided, unless you owned it prior to the marriage. You might be able to work something out.

A friend of mine kept her house in the divorce and didn't have to buy him out, however, he had little to no financial ties to the home, other than paying part of the mortgage. He didn't help with downpayment or closing.

And for his CS, your income NEVER should have come into play before, his kids are not your legal $$$ responsibilty, so there is no way in he-- your income will play into his payments when you're divorced from him