Alimony and child suppor


#1

I have several questions. First question, if my husband and I both contribute 79% of our income to bills can I expect that he will have to continue contributing this amount each month upon seperation? We have 3 children all at home. I know one I will not be able to obtain child support due to he is 18 years of age yet he still lives at home. His income is significantly higher than my income by over 60%. I work as an RN but only work casual part time due to back and neck injuries causing pain and having to be out of work, anxiety disorder and history of depression.

Second question, if he moved out prior to seeking an attorney will I be entitled to alimony with consideration of question 1 and my disabilities.

Third question, We live in a gate community. My husband moved out several weeks ago. I did not want him to move out nor do I want the seperation. Can I request that he return his automatic gate pass that allows him into the community and make him call for a pass to get into the community?

Four question, my husband is in the US Army. He received a significate amount of money for reinlistment over 3 years ago. Will I be entitled to 1/2 of that reinlistment bonus. Also, will I be able to keep my Tricare benefits since we have been married over 20 years?

Thank you


#2

The court will not order your husband to contribute a certain percentage of his income to the household, but will order child support (likely according to the guidelines) and spousal support based on your needs, and his ability to pay. His moving from the residence without your consent can be a factor the court can consider in awarding alimony. I do not think the court would require your husband to turn in his gate pass, but you may change the locks on the residence.

The reenlistment bonus is martial property. I am not familiar with the nature of Tricare benefits, but suggest you ask your CO.


#3

One other question. My husband had a 2 year break in service from June 1989 to till July 1992. Prior to that 2 year break in service, he was on active duty for 4 years. We were married in December of 1989. During his 2 year break in service, he was inactive duty but could be called back to return on active duty. He is still active duty at this time. Will I be allowed half of his retirement when he retires since we have been married over 20 years and 17 years of it being married is active duty?

Thank you


#4

I do not know the ins an outs of the changes in benefits based on active, or inactive duty. I would recommend you speak with your CO regarding this issue.