Rehabilitative Alimony

Question: A legal question regarding child support & alimony in Florida? My husband and I married when he was 33 and I was 21. We have been married almost 17 years and both have been true to the marriage. We have 2 boys 8 & 15. My husband was the sole provider or our household. While we were married, I tried to return to college twice and also quit 2 part time jobs because with his job, he could never commit to being home any specifc days to help with our children. We live far from our family & we couldn't afford to pay for a sitter for the many long hours that I would need to be gone to school. Most importantly, I couldn't do that to them. He promised me that when our youngest was old enough I could take time to do whatever I want. (school, work, hobby) My hubby lost his job 1 1/2 years ago and has not been able to find work since. He has gone into a deep depression and has become self- destructive and it has hurt our family. I have begged & pleaded and he will not seek help. He has lately become unpredictable and has been making very bad decisions for our family unit. His frustrated with himself and constantly takes it out of me. I have asked him to work with me as a team to dig our way out of this mess we are in, but he refuses saying he can handle things. As I write this, I have no money in my pocket. I have sold everything of value I have on Ebay. Even sold my wedding ring in desperation to pay the bills last week. Other than taking up hooking or bank robbing, I dont know how I am going to make it. I have finally told him that I want a divorce & that I cant take any more. Thank God that I have parents that are willing to help. They are comming to get me & the boys in 2 weeks after school is out for the year. They have already loaned us ober 10,000 and I dont feel right asking them to help out any more financially. We will be selling our home & other property and will each get about 100,000. My question is: How do I determine what to ask in child support when he isnt currently working? Do I consider his past earing history and now and then divide ot out somehow? Also, do I have the right to ask him for rehabilitative alimony? He promised me that if I would wait, he would help me get through school. I need to especially now to support the boys. Will the court award alimony whe he is not currently working, but has earned well in th past? If so , how did I calculate how mmuch to ask for? I REALLY appreciate anyones input as I can not afford an attorney. I never thought my lifewould wind up like this. Thank you so much! .

Answer: You do not determine the amount of child support - the courts do. There is usually a minimum amount that he will have to pay even if he isn't working. Depending on your state laws will determine if you get alimony or not. Once you move to your parents look in to local legal aid the usually have low to no cost attorney's that can help you with all of this

Question: My wife doesn't work. Is she really entitled to alimony in Florida? I have been married for a little over five years and I am in the middle of a divorce. I am trying to solve this thing amicably but the more things I concede to the more my soon to be ex wants. My S2BX wants me to pay her $800 a month in alimony for the next four years, keep the house, keep the kids (young), keep most of our possessions so she can go to school while she maintains a measly part time job to cover minor expenses. She keeps mentioning to me that she is consulting with people (not necessarily attorneys) that keep telling her she can get more from me. Now, I can understand rehabilitative alimony to help with the adjustment for a new life but four years??? Considering she cheated on me is this something she can actually win in a contested case? My wife *can* work and nothing in our marriage kept her from contributing to the finances. She chose not to for most of our marriage.

Answer: talk to your lawyer...... he or she.... can tell you what she is or not entitled to.

Question: What impact will my status as a recovering alcholic (1 year) have on a divorce? My husband is verbally abusive and neglectful of me and my 3 girls (12, 12, 15). He agrees that we should not live together but is unwilling to get a divorce because he doesn't want to pay child support. The environment at home has become so cold and angry that it is unhealthy for me and the children. I am in a masters program I will graduate from at the end of 2007 at which point I will be able to get a job in the school system. Until then I don't have any way to support myself and the children. My husband makes about $130,000 a year. I contributed 50% of our income until late 2004 when my alcohol problems began to be addressed with rehab and therapy. Normally I would assume that I get custody of the girls and probably some sort of rehabilitative alimony until I get on my feet next year. However I worry about the damage my husband will try to do based on my alcholism history. As I said, I have been sober now for 15 months, spending all my time with my girls and in school.

Answer: Your alchol problems could have an impact on custody, however finacial support should not be a reason to stay with him. You can separate and petition for temporary spousal support. The alimony will depend on alot of factors but it appears as though it semms likely.........

Question: How is rehabilitative alimony calculated? I know it's impossible to predict what a court will award but I wanted some guidelines of what's "fair" when considering rehabilitative alimony. This is in the state of Florida. The scenario: both husband and wife are under 30; he works and earns roughly $60k/year; she does not work and goes to school full-time. Earlier in the marriage, she worked and earned roughlyy $35k so it's not like she has no skills at all. She will not consider taking a job right now but probably would if she didn't have the alimony coming in at the current rate. The alimony agreement is only supposed to last until she completes school. Currently she is receiving about 49% of his *post-tax* salary and I think that is unreasonable, but then again I've never been divorced so I don't know what is fair and what isn't. Her alimony covers her rent, car payment, insurance, cable, utilities, and pocket money; she also got literally everything in the divorce-- all the furniture (every last stick), kitchen wares, TV's, etc and he got nothing of tangible value. They are trying to finalize things without using lawyers but most of his friends think he is getting ripped off, especially since she won't get a job. Anyone have any personal experience to share or any references? I tried searching online and can only find very vague references to what rehabilitative alimony is and not how to actually calculate it. I know it's supposed to get a person taken care of till they can re-enter the workforce but I don't think that means "pay all of your bills while you refuse to work." thanks in advance!

Answer: Why I will NEVER marry, He is getting so ripped off. GET him a lawyer