Child Support when separated

[skon12]

What is the name of your state? AZ
My wife and I have been separated(not legally) since November. She keeps blowing her money on cigarettes, clothes, manacures, and partying so she always says she has no money to buy food. I have the two girls 50% of the time if not more and always provide for them when they are with me. According to the state child support calculator when our divorce is finalized I will have to pay $134 a month in child support. Her dad came overlast night and threatened me saying that I am not supporting my kids and that they have no food when they are at her house and that his attorny(Not family law oriented at all) says that I will have to pay whatever she needs per month and that I am responsible for providing food and clothes when they are with her. From what I understand that is not true. My understanding from several sources is that child support is based on Health care which I pay $500 a month for, day care which we do not have, and other special circumstances which there are none. As I said I have the kids 50% of the time if not more and always always provide for them when they are with me. What is my responsibility when they are with her? I refuse to give her money to go spend on cigarettes, alcohol, and spa treatments. I have to sell the house I am in because I can not afford it while she gets to keep our original house. What is the best thing to do? I really can not afford an attorney at this point.

 

[TiBooPo]

Your best bet

Get an Attorney!

 

[BelizeBreeze]

First off, file IMMEDIATELY for a legal separation. A.R.S. § 25-312 allows for a legal separation for couples who think the marriage is not repairable. However, all issues such as child support, spousal maintenence and custody can and should be addressed during the separation however, property division is reserved for the final decree of divorce.

As for the current situation, if you do not begin immediately paying a minimum child support the court CAN and usually will award retroactive support from the date of separation.

So, it's up to you, pay now or pay later. The fact that you have the children 1/2 of the time is not the issue here. Your responsibility to support your children is.

 

[skon12]

Do I pay what the state calculator says or just a given amount? As I said money is tight and I do not want to pay for a legal separation and then for a divorce I can not afford it. And I do support my kids when they are with me, and I feel that because my wife is not willing to make changes in her life style the money I give her will not be spent on the kids. She overdrafted my checking account 3 times last month spending $200 at Ann Taylor and 2 times at a gas station buying cigarettes. What is she responsible to pay? At this point she doesnt pay for any debt except her car and utilities. I pay her health insurance, car insurance, cell phone, and all credit card bills. I refuse to be taken to the cleaners when I am a great father and was a faithful husband.

 

[Inquiry123]

As I said money is tight and I do not want to pay for a legal separation and then for a divorce I can not afford it.

It's been 5 months and you are still operating out of a joint checking account. The credit cards are still active. Brother, you can't afford NOT to get the divorce on the road.

Go see a Family Law att'y for a consultation. Take a long list of questions with you. You need to take control of the situation if you want to wind-up with something close to 50/50 and stop the debt train. I would advise NOT SELLING your current residence until after you have a game plan.

Keep a careful accounting of all the joint debt / accounts that you've been handling since the separation. Close any accounts that you are primary on asap after speaking to an att'y. DO NOT cut-off Mom totally financially without a plan to send a specified amount in "Child Support".

How long have you been married? What county are you in?