Legal Question in Family Law in Maryland

What are my rights?

Married-1998.Children-1989&1991.1988-1991 I was an E-5 in the

Air Force.Spouse worked also and immediately controlled all

wages.1991 I made moves to separate based on mental cruelty

and financial control.Got my own banking accounts.Spouse

expected 50%payment of bills.Also left Air Force.Back at work 4

weeks after birth of second child.Only making 28%of the income

with 100%child,household,pet and 40+hour work week.Worked

harder to make more money-therefore paying more of the

bills.2004-finally reached 50%.We bought appx.$60K of new cars

in 2002.Spouse cuts hours and income by appx.$20K. Spouse

purchases another vehicle 8-04.No agreement,signs for car alone

expects 50% payments.Child needs to change schools.I enroll in

private school.Spouse will not share cost.Pay myself.2004-Imake

54%of income.Spouse expects me to pay 54%of bills plus an extra

3%to make it fair and even since spouse paid 50%in2004 and

should only have been 46%. This was not discussed with me .In

17 years I have done nothing but work harder to get to the ''50%''

mark while still maintaining the vast majority of family

responsibilities. If I made more i paid more.I have paid ''refunds''to

my spouse.What can I do?


Asked on 3/29/05, 9:48 am

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: What are my rights?

Your situation is difficult and you spouse appears to be stubborn and indifferent. It is not clear whether you are contemplating divorce or not.

There is no requirement that finances be split 50/50.

If you divorce, you have a right to share in marital assets. Child support may also issue against the non-custodial parent. If you have been providing care to the children then you may be in a better position to acquire custody.

Divorce is not easy either. But, based on the situation you describe, you may lead a more fulfilling life as an individual. This decision is one that you need to make. Obviously a divorce may make your financial situation more difficult but it appears that you may be in a position to be able to afford to pursue it should this be your decision.

Other aspects come into play such as the quality of your children's lives. This is not an easy decision.

A limited divorce may be suitable to your needs but this course of action may be more costly in other regards.

Should you desire legal assistance, I can be contacted at (410) 750-2567.

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Answered on 3/29/05, 10:27 am


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