My husband won't pay alimony or child support

(8 Posts)
ChelseaHO Sat 16-Jul-16 13:15:47

I was married to my husband for the last 10 years. Few months back. we separated. This is largely due to my husband being a control freak. He had problems with me wearing certain type of clothes. Also, he had problems with people I met. I had tolerated this for the sake of my daughter who is 9 now. But, few months back, I had enough of his controlling nature. So, I told him we needed to have a break and see other people because I wasn't sure If i could continue my life with him for the rest of life. He didn't like that idea either. But, he did moved out and found another place for himself. I made my decision to divorce him after gibing a lot of thought.

I told him I wanted custody of our daughter and that he could have her every weekend. He works for longer hours and comes home around 8 in the evening. Because of that, he won't be able to give more time to his daughter during the weekdays. Since, I'm not working, I would be able to give her the time she needs growing up. I don't want to ruin her childhood. I had stopped working after giving birth to her in order to spend more time with her.

He didn't like the idea of me having custody over her. And, he threatened me saying he won't pay alimony or child support if I divorce him. He's paying house rent so, he said the court won't force him to pay alimony. He also said since I won't be able to receive child support, the court won't let my daughter stay with me. On top of that he accused me of cheating on him saying having a break and seeing other people wasn't a mutual decision. He said that won't help me in court either. I know this is all BS. He thinks I'm naive.

Now, I have decided to take him to court. Before I do that, I want to know if he is required by law to pay alimony and child support along with house rent. I have started working but he earns way more than I do. Will this have any impact on the situation? I wanted to know all this before I approach an attorney.

Thanks.

P.S I know this is not the right place to ask. But, I wanted to share it here first.

VimFuego101 Sat 16-Jul-16 13:19:23

Are you in the UK? I'm guessing not as you use the word attorney.

ChelseaHO Sat 16-Jul-16 13:47:40

@VimFuego101 No, I'm from the US. Currently residing in California.

ImperialBlether Sat 16-Jul-16 13:50:57

You need to speak to your lawyer but yes, of course he has to pay child support, though it might not be at the level he fears/you wish.

I think you'd find it a struggle to ask for maintenance for yourself when you could be working.

ChelseaHO Sat 16-Jul-16 13:55:09

@ImperialBlether Yeah, you could be right. Thanks.

VimFuego101 Sat 16-Jul-16 13:56:18

There are calculators online for child support for CA. Child support in the US tends to factor in both parents earnings (so the fact you earn less will probably mean he has to pay you more). There are also calculators for alimony out there although whether he has to pay you will depend on how much more he earns than you.

Avvo.com is good for lawyer recommendations.

ChelseaHO Sat 16-Jul-16 14:00:03

@VilmFuego101 Thanks. I'll have a look at it. smile

DawnMumsnet (MNHQ) Sat 16-Jul-16 18:20:43

Hi there, we're moving this thread over to our Divorce/Separation topic now.

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