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by jennylynnr on January 11th, 2007

jennylynnr

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My husband and i split up we have 3 kids he does not work and i only make 8 an hour i want a divorce but he says if i divorce him i will owe him alimony and he will owe me nothing is this true? what can i do i have to take care of 3 kids on my own

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Answers. 8 helpful answers below.

  • by scotty2006 on April 17th, 2007

    scotty2006

    Get an atty. I think you will find he is feeding you a bunch of crap. Most likely the judge will order him to get a job as he now has child support to pay when you get your divorce.

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  • by Nom de guerre on January 12th, 2007

    Nom de guerre

    There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.


    You likely don't have anything to worry about, unless he is entirely dependent on your income alone during a lengthy marriage. If the children are his children, then he may owe YOU nothing, but he owes the CHILDREN child support. Child support is for feeding, clothing, educating, and putting a roof over the heads of children. He does not lose his children just because he loses a wife.

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  • by CannedHam on January 12th, 2007

    CannedHam

    Check this answer with a lawyer:

    There has been a trend lately where wives who out earn their husbands or whose husbands are unemployed have been told to pay temporary alimony, but that is still rare compared to the usual case where the wife is owed the alimony.
    He would still be responsible for child support (30-40% of income, depending on state, and that includes the income of anyone he later marries (you'd have to refile for support amount when he gets a new income source)).

    If your state has no-fault divorce, you can file for divorce and he does not have to agree to it. If he cannot afford a lawyer, he would have to settle for whatever terms YOUR lawyer (and you would need one) set forth in the papers, including no alimony to him and child support to you.

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  • by Norman_Outside the lines on July 27th, 2007

    Norman_Outside the lines

    what state are you in?
    How long has he been living off of just your earnings?
    In most areas the judge will set the child support HE is to pay (being unemployed) on a minimum wadge job
    untill he gets a job or a better paying job.
    then it will be increased, ( Judges don t like dead beats) :=)

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  • by Scifisuz on April 17th, 2007

    Scifisuz

    The quality of your life is the most important factor. Take the hard steps and dealing with the consequences becomes much easier.

    BTW, why are you taking care of the kids when he's the one not working?

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  • by still loves cheerios on July 27th, 2007

    still loves cheerios

    Your husband is not only lazy but he is also ignorant. Any judge would tell him to get a job and support his children,and hes also a jerk for trying to fool you into thinking he wont have to pay!

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  • by Will on July 27th, 2007

    Will

    It almost certainly not true. An unemployed person is at the bottom of the rungs.

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  • by itinary on July 30th, 2009

    itinary

    I think the judge will favor you than your husband.

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You're reading My husband and i split up we have 3 kids he does not work and i only make 8 an hour i want a divorce but he says if i divorce him i will owe him alimony and he will owe me nothing is this true? what can i do i have to take care of 3 kids on my own

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