Dads Divorce - Free custody and alimony advice for men and fathers.
Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
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Question: How are income and debts treated by Minnesota law? Does income after separation belong to both spouses or the one who earn it? Answer: I cannot answer your question directly to the laws of Minn. as I am not licensed in that State. Generally, a physical seperation does not make any income earned or debts incurred seperate. The income and debts are marital debts until the divorce is final. Many courts can consider the fact that you were separated when allocating the property distribution, but that is often discretionary with the judge.
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Posted by Dads Divorce in retirement , pay , MO , military , Maintenance , decree , Child Support , assets , Ask A Lawyer , allocation , air force
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Question: My husband will be retiring soon from the Air Force and his ex wants, and according to the Air Force, is entitled to half his retirement pay. She ran out on him and left him with 4 kids and all of the bills while she was off doing "her own thing". Have you heard of anyone challenging the military on the automatic payment of 50% of retirement to the ex spouse. I understand why it was originally writte; to protect wives that were run out on, but she did it to him! It just seems so wrong !!! Answer: He will need to check with the Air Force regarding his specific plan. Does it state she is entitled as the ex-wife? What about the divorce decree? These are very factually specific. Please check these documents and speak to an attorney to see if you have any remedies. However, if she was allocated some benefits in the divorce then you most likely will not be able to challenge it.
Question: When a man divorces a spouse who makes more money than he does, who has to pay the child support? Does the house have to be sold when there are children involved? When a woman makes more money than the spouse, does the man have any obligations at all for her and his children? Answer: Child support is often based upon the custody arrangement. If the wife has more custody time and therefore pays for more of the care of the children she would receive support, even if she makes more money. If the custody arrangement is equal, in your scenario the father should receive child support or there would be no child support paid. I cannot answer your question specifically to the laws of NJ as I am not licensed in that State. However, I do not know of any jurisdiction that requires that property be sold, regardless if there are children of the marriage. The fact that the parties have children often makes it less likely that house will be sold. If the wife makes more money than her husband, he would not be required to pay maintenance (alimony) and in fact maybe entitled to receive maintenance from the wife. He would still have an obligation to help support his children.
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Posted by Dads Divorce in unemployment , support , spending , money , MD , Maintenance , income , Child Support , child , Ask A Lawyer , allocation
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Question: My boyfriend's ex-wife (who has custody of their 2 children) has only been putting $400.00 out of the $800.00 per month toward their two young girls. She told my boyfriend that it was none of his business where the rest of the money goes. She does not hold a job and lives off off the girls' child support. My boyfriend lives in Maryland and is now having to get a lawyer in Virginia because of this. Is it legal for her to be spending the girls' money on herself while not working? Answer: Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Maryland or Virginia. Are the kids going without essential needs? Usually, child support is not just for things for the kids. It also applies to housing, food, utilities, etc. since these costs need to be paid for the housing needs of the kids. Is that not happening? If so, then there may be an issue with the support usage. You can ask for an accounting of the use of the money to be sure that the kids are benefiting from the maximum amount.
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