You can file for alimony. This would be considered as marital misconduct but it could also be a positive for you if it’s not a valid claim. If it’s found during the hearing for this that your stbx fabricated this charge to refuse you alimony or to gain ED, custody…it could go very well. The judge looks at the marital misconduct and decides alimony from that…
Regardless, you are entitled to time with your children, 1/2 the equity in the home, cars, horses…basically 1/2 the marital assets are yours. If you have not settled custody then should run the calculator with the current figures. While I commend you for paying child support, you may be paying more than you should if her income is that much more and you could be setting a precedent for future payments.
well, I never went 2 the hearing. I thought she was kidding about it. the judge ruled in her favor and along with that she also won a motion for termination of visitation and contact with the kids. here I am 5 months later, a bit wiser and also kicking myself for not going. child support is not that bad. but I wih I did things a little diff. never thought that I would ever be in this mess. she promised me, till death do us part.
Yes, you can still file for post separation support. The court will consider any allegations of domestic violence when making a support award.
Helena M. Nevicosi
Attorney with Rosen Law Firm
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i have a bogus Domestic Violence Protective Order against me ordered by my wife, can i still file for post separation support, despite having this strike against me? would that count as marital misconduct? she also has the kids, makes 4 times as much as i do, has the house, the horse, the cars and the white picket fence to boot…plus i pay child support. i live out of a couch, would it be pointless to file?