Legal Question in Family Law in Kentucky
Hi! I live in Kentucky- I've been a married, stay-at-home mom for almost 12 years, and now are divorcing; we have 2 children, ages 8 & 10. We have a lot of cc debt, house& cars, etc plus IRS debt. All of is marital debt. I am seeking employment, but I will not make anywhere the amount of money I need to support myself-he is a doctor and I'm a social worker. He said I need my own atty, but he wont pay for the fees, I have no other recourse but to wait. He is very angry with me over the debt, and is blaming me for many things out of my control. He grosses about 220,000-239,000 a year. Just to survive, I need about 6,200 each month to barely make it. My 8 year old has high-functioning Autism, and I need to find a job that will allow me to be with him the afternoon. My question is: what are my legal rights with regards to sposal support, child support? Also, i have good evidence that he is taping conversations of me out in our garage when I go out there to make private phone calls, etc. He wnats to stay in the house after we divorce-says he can't survive on our income/debt situation- I am scared and a little confused at this point. We will share custody, but the children will remain w/ me most of the time-I may want to move out of state at a later time...I appreciate any help from you, Thank you so much!!!
1 Answer from Attorneys
Child support is based on gross income of both parties, health insurance and childcare costs, if any. In your case, the court may impute a wage to you for purposes of calculating child support, however, it should not greatly affect the amount you would receive. As for maintenance, it is determined based on whether the requesting spouse has the ability to live on her own income and whether she has sufficient assets to live on her own. Then the court will look at duration of marriage, standard of living and other factors to determine the amount and duration. You can and should ask for both of these supports while the divorce is pending. You should be awarded both supports by the court in this situation. You should consult and attorney immediately. The court can also require your spouse to pay attorney fees. Some attorneys will take cases in this situation and agree to get paid from the spouse through the courts or agree to wait until you start receiving maintenance to get paid.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
