Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

I am currently going through bankruptcy and my wife wants a divorce. What happens if I file for divorce while in bankruptcy?

Will I still be ordered to pay child support and alimony by the divorce court if I am bankrupt?

By Andrea Johnson

Cordell & Cordell Divorce Attorney

If you have been the primary financial provider for your family, it is possible that you will have to make alimony payments.  

In many states, there is no hard and fast method of calculating alimony payments. And to be quite frank, estimating what a judge may do is often fruitless. 

Because the laws of many states allow so much judicial discretion in calculating alimony, the methods and manners for determining whether alimony is appropriate and/or how much alimony should be paid may vary from court to court.

Question:

I pay child support to my ex-wife. She is now divorced and receiving alimony from her second husband.

Could I get my child support payments modified based on the fact the spousal support she is receiving counts as income?

Question:

My wife and I signed a legal separation agreement stating I would pay her alimony and child support. But while we were legally separated, we ended up moving back in together, shared bills, traveled together, etc.

During this time I did not pay the support that was outlined in the agreement because we were living together. Now that we have moved out again she was able to get a contempt of court order against me for failing to pay support during that time period.

Is our legal separation agreement binding? How can I prove that even though I did not pay the support it was because we were living together?

Question:

My wife and I are headed toward divorce. We have been married for 9 years. It is my understanding that spousal maintenance can be awarded if the marriage has lasted for 10 years or more.

Does the court recognize the petition date as the end of the marriage or would the divorce need to be final before our 10th anniversary in order to ensure I would not need to pay alimony?