Legal Question in Family Law in Maryland

How much can I lose?

I am considering filing for divorce. My wife does not work and has only about 100.00 mo in dividend income..However she has a college degree. I make 48k and am the sole support currently. We have 2 children 10 & 4. I understand support will be quite hefty and have no problem with that. It seems to me that alimony will probably be an issue. We have a house jointly and I realize she will be in the house for up to 3 years with, presumably making the mortgage as well. Is there a certain percentage of my income that I can be required to pay? Is there a limit..Divorce shouldn't/doesn't mean I have to live in my car, does it?


Asked on 10/17/99, 1:38 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: How much can I lose?

I assume from your question that you are conceding custody of your children to your wife. If so, she can petition to stay in the house for up to 3 years after the divorce as child custodian. However, nothing prevents you from trying to work out an agreement with her that calls for the house being sold sooner if that makes financial sense.

Since your wife has a college education, she should be required to get back into the job market rather than be a candidate for permanent alimony. She may get rehabilitative alimony for a transitional period while she seeks employment or is retrained if appropriate. If you're paying the house note on top of child support at your income level, you will have a hard time paying your own living expenses, as you suspected.

There are schedules in the Maryland Family Law that determine the amount of child support you have to pay based on income, but other expenses are determined on a case by case basis. This is a very complex area and a good family lawyer is essential if you want to protect your rights over the long term.

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Answered on 10/19/99, 5:26 pm


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