Alimony?


#1

Melissa –

Alimony is based on your being a dependent spouse. It sounds as though you are a dependent spouse and that your husband has a duty to provide you some support, especially since he has committed some marital misconduct. Alimony is a complex claim to prove, and I would not recommend trying to pursue it without an attorney. You mentioned that you have children. To improve your financial situation sooner, you may be able to seek child support more economically by applying to the Child Support Enforcement Agency. Here is a link to their website: http://www.dhhs.state.nc.us/dss/cse/cse_hm.htm

How much child support you can get will depend on the number of children you have. You can try our child support calculator at http://www.rosen.com/ppf/ID/56/issues.asp.

There is no formula for alimony, and results of alimony claims vary widely, so I can’t predict how much you might be awarded. However, a supporting spouse’s child support obligation is deducted from his income first, before alimony is determined. Alimony is then based on your reasonable financial needs and your spouse’s ability to pay.

Lara Stanford Davis
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

My husband makes around 47,000.00 a year, we were married for 14 years. I have been a stay at home mom for the last 9 years. I am home schooling my oldest daughter, He met someone at work and walked out on us, he is now living with her, I met with an attorney and he said I would be eligible to recieve alimony, I was just wondering if I have to have an attorney to file for this, or can I do it myself,I don’t have a job yet, and I can’t afford the retainer fee.Also about how much do you think I would recieve?

Thanks in advance for any help.

Melissa Foster