• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Child support question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

G

gimlet

Guest
undefinedWhat is the name of your state? Florida

Hi, I have a question.
I am married to active duty military husband for a little over 4 years.
He's been irresponsible on finance, as well as online afairs, now he wants to separate.
I agreed to separate, but I have concerns.
I make only little over 1000dollars everymonth(working full time), and he makes 3 times as much as I make, plus about 4000+ bonus.
I have 2 children, one is not his(8years old), one is his(almost 4 years old).

Since I make less money and will be keeping the kids, he'd pay child support, and I am asking for alimony also. how much would it be properiate for him to pay me every month?

another thing is my daughter. Her biological dad has been out of her life since she was a year old, he gave up all his rights. Ever since me and my husband got together, my husband is the only one "dad" for her and only one provider for her (I was stay-at-home mom for 2 years after we got married.) He claimed her as his dependant to military also, we just got around and do the adoption prosess legaly.
Do you guys think it can be possible for court to order him childsupport for her also?
I am not trying to screw my husband over, I never wanted divorce or separation, it's his idea, so I feel that the kids should get everything now, after we get separated, including my daughter, and it'll be extremely difficult for me to give that.

Any infomation/insites will be greatly appriciated!

Thank you,
gimlet
 


G

gimlet

Guest
re:

No she is not adopted. I thought I mentioned it...sorry!
We were talking about it, but he said he doesn't have money to do that now so let's just wait till this, till that, (like his bonus money comes in, income tax comes in, etc), always something comes up and we never did.
I thought he doesn't have any obligation for my daughter but someone told me that it might be possible for the court to order him to pay support since he's been there as her father for over 4 years (she's 8), he claimed her as his dependant to military, he calls her "my daughter" and he promisses to support "his children" even now we are talking about separation.
 

I AM ALWAYS LIABLE

Senior Member
gimlet said:
No she is not adopted. I thought I mentioned it...sorry!
We were talking about it, but he said he doesn't have money to do that now so let's just wait till this, till that, (like his bonus money comes in, income tax comes in, etc), always something comes up and we never did.
I thought he doesn't have any obligation for my daughter but someone told me that it might be possible for the court to order him to pay support since he's been there as her father for over 4 years (she's 8), he claimed her as his dependant to military, he calls her "my daughter" and he promisses to support "his children" even now we are talking about separation.


My response:

Short, sweet and simple . . .

First, all you said with regard to adoption was "we just got around and do the adoption prosess legaly." I have no idea what that means because you weren't explicit. Since there's no completed adoption, then he will not be ordered to pay for your daughter. Go after the natural father if you want child support for her. It doesn't matter how your husband referred to her, or that he took her as a dependent. The fact is, he's not her biological parent.

Second, as far as alimony (or spousal support) is concerned, your marriage was too short. You may get a small, one-time, payment of a few thousand dollars - if at all. But that's it.

Third, he will be ordered to pay child support for his biological child and obtain either custody or visitation. But, that's it.

IAAL
 
Last edited:
G

gimlet

Guest
re:

Thank you! I just wanted to know. I am just feeling bad for her about all this. I'm from other country and me and my husband brought her here because of our marriage, she had to leave her friends and grand-parents(my parents) who were real close to her. She didn't even speak any English at all. She went through a lot in here, finally she got a father that live with her and call him "dad" and soon she'll lose that...I really do hope that this marriage would work out but my hasband has no intention to, seems like.
Well I'm just mumbling now... thank you for reading/replying!!

gimlet
 

I AM ALWAYS LIABLE

Senior Member
gimlet said:
Thank you! I just wanted to know. I am just feeling bad for her about all this. I'm from other country and me and my husband brought her here because of our marriage, she had to leave her friends and grand-parents(my parents) who were real close to her. She didn't even speak any English at all. She went through a lot in here, finally she got a father that live with her and call him "dad" and soon she'll lose that...I really do hope that this marriage would work out but my hasband has no intention to, seems like.
Well I'm just mumbling now... thank you for reading/replying!!

gimlet


My response:

Shame on you!

You took this child away from her grandparents and her friends, for a man?

Geez, lady . . . Now I know where your priorities are, and they're not with your children.

Do you know what a "skank" is? Look in the mirror. Then, go back home, and meet a man there. NEVER take your child away from her grandparents ever again!

IAAL
 
G

gimlet

Guest
re:

maybe you right.

I thought i met this wonderful person who happenes to be an American and fell in love with him, he was good to my child, he wanted to marry me, so did I, so I thought it's good thing to do, for myself as well as my child...finally she was able to have a father who is there for her.
She has 2 more grandparents and whole bunch of cusins and aunts and uncles now, who love her and she loves them. If I was to go back home then I'd take them away from her, not to mention her friends here. She has life here...and my son, I don't want him to be away from his dad either.
I might seem skunk to you but if I did go back home like you suggest then I'll be even worse!!
But yeah maybe my judgement was clouded when I said yes to his propose......I don't know...I do believe in marriage and I'd love to work this out especially for my children.
But at the same time. I don't know if I can take his crap any longer.
It really is difficult!
Well thanks for honest opinion!

Gimlet
 
Last edited:

no$$4us

Member
Florida child support

I feel sorry for you. The system is that state is severly over loaded and they will take forever to help you.
You can set an amount of whatever seems right according the the wages for alimony.
ASK FOR REHABILITATIVE ALIMONY for you to get further education. The tax situation is better and it is more useful.
Florida is very fair when figuring out child support.
They will however only allow up to 40 % of income to be given up for support and other obligatons.
The FL guidelines are available on line.
Because you are working you may not get regular alimony. If he gets an attorney that may be harder to get.
The first child that is not his will not count no matter what. The courts will consider that for your obligation with your available funds but not for support obligation.
I was divorced in Florida and just recently had my case closed. I could get you 10 years of agony to hear about in dealing with a system that has been completely restructured 4 times in that period of time. I have had about 1 new case worker per year and every time I talk to them I am constantly restating my case, my information, filling out yearly forms, and hearing them give me incomplete and incorrect feedback.
They do the work but you need to really be aggressive.
 

stealth2

Under the Radar Member
no$$4us said:
You can set an amount of whatever seems right according the the wages for alimony.
ASK FOR REHABILITATIVE ALIMONY for you to get further education. The tax situation is better and it is more useful.

<snip>

Because you are working you may not get regular alimony. If he gets an attorney that may be harder to get.
A marriage that's only four years in duration is VERY UNLIKELY to get any alimony. Why are you raising this woman's hopes that she'll get it?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top