Legal Question in Family Law in Florida
my husbands child by another woman
I have been married for 22 years. Eight years ago my husband left me and our 11 year old(at the time). He'd recently retired from the navy and could not stay sober. A few months prior to that though, because of his drinking and blowing the family money I'd insisted he make an allottment to me so I could stay on top of the bills. He did and its been in place every since he left eight years ago. I always considered it child support though that was never in writing. Now my daughter is a freshman in college 19 years olds. He now resides with a woman in PA whom he had a daughter with. What are the new childs and his girlfriends entitlements. I need that allotment more than ever now to keep my daughter in college so I am filing for divorce soon. I also live in the house we purchased together in 1984 and have spent the last few years raising our daughter in alone. Can he count the money from the allotment as mortgage payments. I want his name off the deed and I want half his retirement pay. Do you think I will have problems with this divorce
3 Answers from Attorneys
Re: my husbands child by another woman
Depending upon the specifics of your situation, you maybe entitled to alimony and half of his pension.
As your child is already 19, you probably will not be awarded any child support.
Assuming that the house was purchased during the course of the marriage, it would probably be considered divisible marital property. Some arrangement probably could be made so as to permit you to keep the house.
You should schedule a formal consultation with a lawyer. The lawyer will address the above discussed issues, as well as those not addressed within my response. Most attorneys either provide a free, or charge a nominal fee, for an initial consultation.
Good Luck, Elliot Jay Goldstein (Attorney with offices in Tampa and St. Petersburg)
The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.
Re: my husbands child by another woman
Your "allotment" should probably be considered child support. Your husband is not likely obligated to support college expenses of your daughter. The house is clearly marital property to be shared by the parties. You may be entitled to certain property of his such as pension, retirement, etc. Depending on your situation, alimony may be appropriate. Your situation is sufficiently complex to require the representation of a family law attorney who can review your specific situation and advise you re legal options. Often, a consultation is without charge. Depending on the relative income and property of your husband, the court may award you attorney fees. See a local attorney who will help you to maximize your share; best of success.
Re: my husbands child by another woman
Will you have problems with the divorce?? The biggest problem I see is your procrastination. In your 8 year separation, your daughter was deprived of his financial support. Now, you cannot recover child support and have compromised your alimony claim. The good news is that you are entitled to a share of his retierd retainer pay. Get yoiurself a lawyer and put this behind you.
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