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Several Questions inside divorce/child support/debts

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DebbieTr

Junior Member
What is the name of your state?What is the name of your state? Iowa

My husband and i were married for 20 years, and have 6 kids together. 5 are under the age of 18, and 1 just turned 18. He left last week and he has not been over since, he is living with his GF now. He has many problems (drinking, gambling) and has for the last 6 years. He had said he would continue to give me his paycheck from his main job (he has two jobs) so that we could continue to EAT while the divorce went through. When i recieved his paycheck today however, there was a 100 dollar deduction from it. So he's lying to me about that, and won't talk to me about any of it. I won't have enough money to pay our bills if he takes out 400 a month (4 checks). I've been talking to a few lawyers and am getting conflicting answers.


Question 1: I make around 400-500 a month doing proofreading out of my home so i can take care of the kids while still making some money (2 are UNDER school age). He makes around 3500 a month NET from both of his jobs. If the child support isn't enough for me to support the kids, is it reasonable for me to ask for alimony? Is it true that you cannot take more than 50% of his income no matter what in alimony + child support??

Question 2: My daughter just turned 18 and wants to start college in the fall after she graduates highschool. Would it be better for her to try to get money from him, or just apply as an individual for financial aid, etc??

Question 3: Will it make a difference that I can't reasonably hold down a full time job with 6 kids, 5 of whom have Asthma and are chronically sick, sometimes for 2-3 weeks at a time? I have checked and a day care center WILL NOT take them when they are sick for 2-3 weeks, so i would need to take off work during that time. It just isn't feasible. Will this help me to get alimony, etc.?

Question 4: My husband has around 6,000 in his own credit card debts, and i have one in my name. I had 500 dollars legitamately charged on it, then he stole it and charged more onto it. Will i have to pay this when the divorce goes through or can it be arranged that he will have to pay the part that he put onto it?
 
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nextwife

Senior Member
DebbieTr said:
When i recieved his paycheck today however, there was a 100 dollar deduction from it. So he's lying to me about that, and won't talk to me about any of it. I won't have enough money to pay our bills if he takes out 400 a month (4 checks).
He's giving you his entire check MINUS $400/month for him? How much more do you think he could contribute?
 
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DebbieTr

Junior Member
nextwife said:
He's giving you his entire check MINUS $400/month for him? How much more do you think he could contribute?

No he has TWO jobs, he has been giving me his paychecks from one of his jobs only. The other he has been keeping to live on :p Now he's taking an additional $400/month from the one he HAD been giving to me. the amount of the one i HAD been getting was $2440/monthly total, and now it is down to $2040/month.
 

nextwife

Senior Member
He is presently paying 58.28% of his "income". I don't know what is net and what is gross.

This will give you the state CS guidelines:

http://www.judicial.state.ia.us/CSG_charts_and_worksheets/

Iowa Spousal Support Informational Sections:

Spousal Support Modification: A step-by-step explanation and information on altering support arrangments.

Frequently Asked Questions (FAQs): A consistently updated section of typical questions family law attorneys tend to be asked. Your answers may be here!

http://www.divorcesource.com/IA/info/spousalsupport.shtml

IOWA SPOUSAL SUPPORT: Maintenance may be granted to either spouse for a limited or indefinite time, based on the following factors: (1) the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and become self-supporting; (2) the standard of living established during the marriage; (3) the duration of the marriage; (4) the financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently; (5) the tax consequences to each spouse; (6) the age of the spouses; (7) the physical and emotional conditions of the spouses; (8) the work experience and length of absence from the job market of the spouse seeking alimony; (9) the vocational skills and employability of the spouse seeking support and alimony; (10) custodial and child support responsibilities; (11) the educational level of each spouse at the time of the marriage and at the time the action for support is commenced; (12) any premarital or other agreements; (13) the earning capacity of the spouse seeking maintenance, including the educational background, employment skills, and work experience; and (14) any other factor the court deems just and equitable. Marital misconduct is not a factor. Maintenance payments may be ordered to be paid through the court. [Iowa Code Annotated; Sections 598.21, 598.22, and 598.32].

http://www.acf.hhs.gov/programs/cse/pol/IM/im-01-06a.htm


Table 1. CCPA Withholding Limits

Case Facts


CCPA Withholding Limits

Obligor Supports a Spouse or Dependent Child; Less Than 12 Weeks in Arrears


50% of wages may be withheld to enforce a support obligation

Obligor Supports a Spouse or Dependent Child; More Than 12 Weeks in Arrears


55% of wages may be withheld to enforce a support obligation

Obligor Does Not Support a Spouse or Dependent Child; Less Than 12 Weeks in Arrears


60% of wages may be withheld to enforce a support obligation

Obligor Does Not Support a Spouse or Dependent Child; More Than 12 Weeks in Arrears


65% of wages may be withheld to enforce a support obligation
 
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LdiJ

Senior Member
I happen to have the unpopular opinion that anyone who up and walks out of the marital abode...particularly when there are children involved, or if the other spouse is legitimately disabled, and who doesn't maintain their previous level of support for that abode (assuming that the other party can't easily take it over on their own) until a judge has properly divided the marital assets is a "gob****e"...(interesting Irish phrasiology I recently encountered)
 

DebbieTr

Junior Member
LdiJ said:
I happen to have the unpopular opinion that anyone who up and walks out of the marital abode...particularly when there are children involved, or if the other spouse is legitimately disabled, and who doesn't maintain their previous level of support for that abode (assuming that the other party can't easily take it over on their own) until a judge has properly divided the marital assets is a "gob****e"...(interesting Irish phrasiology I recently encountered)

haha, i like your opinion! i'm in the process of GETTING a lawyer as he only left for good a week ago, but yes, i'm thinking it will be several months till it will come before a judge, correct?
 

LdiJ

Senior Member
DebbieTr said:
haha, i like your opinion! i'm in the process of GETTING a lawyer as he only left for good a week ago, but yes, i'm thinking it will be several months till it will come before a judge, correct?
Yes, it does take a while...exactly how long it will take in total varies a great deal.
 

careneeded

Junior Member
2,ooo..........yikes

i can't get two dollars in 6 months from my ex, he's a disabled drunk and his mother enabled him to get a lawyer, set he and my daugher up in their her house and with lies and lawyer and political influence took custody of my daughter .... i had a stipulation in the custody agreement that mediation x 3 before litigation, but his lawyer lied and they won, i still am not heard in court and have been granted 6 hours a week visitation at 25/$ an hour which they know I can't afford, they are restricting my conversations with my daughter because they are manipulating...

they are fu%&*ing me good and nobody is helping... I'd be satisfied with 2,000...a month and change my lifestyle to reflect... that reduced income...happily.
 

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