Legal Question in Family Law in Mississippi
Am I eligible for spousal support of separate maintenace
We will be married 5 years August 8. Our original agreement was that I would not work until our children were in school. We have two children. I wanted to work on the marriage he did not. I dropped out of college in my senior year to have our first child. And worked odd jobs while he was in school in order for him to get his degree. He graduated from college May 2002 and we separated November 2002. Am I entitled to child support and separate maintenance?
2 Answers from Attorneys
Re: Am I eligible for spousal support of separate maintenace
You betcha. You're also entitled to other forms of relief as Honorable Pettigrew pointed out, but I won't waste your time repeating them.
Let me know if I can be of additional services.
Re: Am I eligible for spousal support of separate maintenace
Whomever has the children would be eligible for child support. It also seems that you would be entitled to periodic rehabilitative support and possibly lump sum support. Rehabilitative support is to get you back on your feet. Lump sum support is to adjust inequities in division of assets between the parties or any other reason that equity would require. However, if you do not have fault based grounds for divorce, you will only have the option to obtain an irreconcilable differences divorce, and that generally requires the parties to agree to all issues, including alimony and support. Alternatively, you might consider separate maintenance and support which is essentially a mandate to your spouse to return to the marital relationship or pay reasonable support until he does.
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