Legal Question in Family Law in Tennessee

legal cosdity and child alemony

I have been married for the past seven months and 5 months pregnant. I would like to know if I file for divoce, what kind of alemony would I have and also if I have any right to keep the house (the house is under his name). Cosidering he makes $500,000 per year, he has made half of that so far. He also pays for three other childeren of his previous marriage plus $1000 per month for his ex-wife.

Reason for divorce is the constant verbal abuse and telling me to leave and get out of his house.

Inshort, what kind of rights I have?


Asked on 3/15/01, 7:43 am

2 Answers from Attorneys

Gregory Smith Law Office of Gregory D. Smith

Re: legal cosdity and child alemony

You need to see a lawyer. If you live in the middle Tennessee area, feel free to call me or see www.gsmithlawfirm.com

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Answered on 5/24/01, 12:29 pm
Didi Christie Didi Christie, Attorney at Law

Re: legal cosdity and child alemony

Regarding alimony (spousal support), one factor the court will consider is the length of the marriage and, since your marriage has been of relatively short duration, and he is already paying one ex-wife $1,000.00 per month, he may lack the ability to pay you much, if any, alimony. In regard to the house, it is important to know whether the house was purchased after you married your husband. If not, the court may consider the increase in the value of the house during your marriage and your contributions to the increase in value. You may be entitled to part of the equity in the house. As far as keeping the house, whoever is awarded the house usually also has to pay the mortgage on it. In calculating the amount of child support you will receive, credit will be given to him for the support he already pays for his three other children. He should be ordered to pay your prenatal and birthing expenses and, once the child is born, he should be ordered to pay child support in accordance with Tennessee Child Support Guidelines, allowing him credit off his net income for his other child support obligation. Both of you will have to attend a four hour parent education seminar and enter into a permanent parenting plan which specifies who the child will live with at what times, who the child spends which holidays with, who will make the major decisions regarding the child, who will pay child support and in what amount and all other issues affecting the child. If you can't come to an agreement on these issues, you will be referred to a mediator who will assist you in making the agreement.

Good luck.

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Answered on 5/26/01, 4:21 am


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