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BarbSami

After citizenship husband leaves me and 2 kids behind.

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Filed: Timeline

I read through most of the thread but not everything.

Child support can either be reached through a mutual agreement- ie you and your spouse sign a separation agreement where you come up with an amount among yourselves and its written into the order (however the court is not going to approve it if is lower then the guidelines because that is not in the interest of the child) but great if its more- or it can be set by the court.

The court will use charts to figure it out with various guidelines based on income levels of each person and the number of children and where they reside.

Here is a link where you can input your amounts and see how the numbers fall-

http://www.alllaw.com/calculators/childsupport/alabama/default.asp

Rough numbers- If your spouse earned 200k a year thats roughly 16,666 a month for 2 kids and you earned 0- your child support would be- 1542

Entering in income for yourself changes that number though- income for yourself of 5k reduces your support to 1186. Income of 10k reduces you to apx 900 etc. If his income goes down (as you said you are the primary supporter) and we split the income equally to 10k/10k the support for 2 kids is only 771.

(I honestly have no idea how you are calculating his future income or your own- if its based on a joint business you share you need to take that in to account)

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I read through most of the thread but not everything.

Child support can either be reached through a mutual agreement- ie you and your spouse sign a separation agreement where you come up with an amount among yourselves and its written into the order (however the court is not going to approve it if is lower then the guidelines because that is not in the interest of the child) but great if its more- or it can be set by the court.

The court will use charts to figure it out with various guidelines based on income levels of each person and the number of children and where they reside.

Here is a link where you can input your amounts and see how the numbers fall-

http://www.alllaw.com/calculators/childsupport/alabama/default.asp

Rough numbers- If your spouse earned 200k a year thats roughly 16,666 a month for 2 kids and you earned 0- your child support would be- 1542

Entering in income for yourself changes that number though- income for yourself of 5k reduces your support to 1186. Income of 10k reduces you to apx 900 etc. If his income goes down (as you said you are the primary supporter) and we split the income equally to 10k/10k the support for 2 kids is only 771.

(I honestly have no idea how you are calculating his future income or your own- if its based on a joint business you share you need to take that in to account)

That wasn't clear to me either. They have a joint business, which it sounds like he runs, but he's not in the country to run it now. Also appears to me like she's framing the entire issue as a child support issue, when really its an asset division, spousal support and child support issue. Give there's a joint business, they're really going to need lawyers to untangle things, they sound beyond the DIY divorce situation.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

(I honestly have no idea how you are calculating his future income or your own- if its based on a joint business you share you need to take that in to account)

an asset that generates 200,000 usd, yearly.

that's how it was described, originally.

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Filed: Citizen (apr) Country: Tunisia
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That wasn't clear to me either. They have a joint business, which it sounds like he runs, but he's not in the country to run it now. Also appears to me like she's framing the entire issue as a child support issue, when really its an asset division, spousal support and child support issue. Give there's a joint business, they're really going to need lawyers to untangle things, they sound beyond the DIY divorce situation.

Let me make it clear, If I was not clear probably because I was upset. At no time I said the 1500. was childsupport. This is what he has offered me as a divorce settlement. nothing else, no mention in the agreement about childsupport. Im guessing he wants to give me 1500. a month and call it even.That is why I have said its not fair for him to make an offer like that to me, when nothing about division of martial property is included in the agreement. that is why I said its not enough, whatever I get or have is for my children. He do not run the business, there are employees that run the business.

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Filed: Citizen (apr) Country: Morocco
Timeline

What a situation...with your replies you remain very level headed and seem strong/well focused.

Sorry for the young children. 6 and 4.

He was no man to leave his children the way he did for ANY reason. Mother, Country, another love...etc so trying to figure this out is mute point.

A mother always remains a mother and that you definatly are. I respect your focus.

I had to admit I was a little envious when I read your mortgage payment compared to what is here blink.png.

Maybe your family might say I told you so...but I sincerely hope they will give you MORE support than this. You need good spirit around you to keep u strong. rose.gif

Please keep us posted on VJ.

event.png


event.png

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Filed: Citizen (apr) Country: Morocco
Timeline

What a situation...with your replies you remain very level headed and seem strong/well focused.

Sorry for the young children. 6 and 4.

He was no man to leave his children the way he did for ANY reason. Mother, Country, another love...etc so trying to figure this out is mute point.

A mother always remains a mother and that you definatly are. I respect your focus.

I had to admit I was a little envious when I read your mortgage payment compared to what is here blink.png.

Maybe your family might say I told you so...but I sincerely hope they will give you MORE support than this. You need good spirit around you to keep u strong. rose.gif

Please keep us posted on VJ.

MOOT point....hahaha but I guess if you squint it could work either way.

event.png


event.png

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Filed: Timeline

Well best of luck to you.

Divorcing can be very hard. The best thing to do is find out what the state guidelines are and what the min amounts are and see exactly what you are entitled to and then negotiate from there.

Start by using the child support calculator for your state. Enter in your income (future income not current) and see how the numbers fall. It doesnt matter what you earned respectively in the past. Its somewhat irrelevant now. Of the course the courts frown on a guy who is capable of earning 200k a year and will only work at Burger king now because he doesnt want to send his kids 1500 a month and wants to spite the wife by sending 500 a month. They will force him to send 1500. But if all he can earn is enough to cover 500- then it will be 500. So keep that in mind.

Then move on to potential spousal support. Spousal support is RARE if both spouses work. Its only given if the one spouse is at a severe disadvantage and you do not seem to be.

Look into the rules about how property is divided. You said 'equitably' for your state. Thats good. That means fairly and not equally. Because you have the kids, you should be able to retain most of the property and the home to provide for them. His behavior and his choosing to leave should also be taken into account. You should come out ahead.

Again like I said in divorce you have 2 basic options- you can negotiate amoung your self on any issue or you can have the judge rule. Its preferable to work it out amoung yourselves. If you cant the judge will rule. But be sure by reviewing the guidelines before hand what the judge can potentially rule before going that route.

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Filed: K-1 Visa Country: Russia
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He do not run the business, there are employees that run the business.

It is still a bit unclear. Somebody must decide who are the employees that do the work and how much they get paid as a bare minimum. This is what business owners do. Does he do this or do you? Or is it some type of investment in a business that somebody else actually runs but from which you get income? Either way, it would seem that you would clearly be entitled to 50% at least and possibly more if he has walked away from it and is not even in the country. If his being a Tunisian citizen and resident will prevent you from getting any share of his income from there for child support for your children here I would imagine a good divorce attorney would argue you must get more than 50% of this shared asset to compensate. Why not ask for it all?

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Filed: Citizen (apr) Country: Tunisia
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What a situation...with your replies you remain very level headed and seem strong/well focused.

Sorry for the young children. 6 and 4.

He was no man to leave his children the way he did for ANY reason. Mother, Country, another love...etc so trying to figure this out is mute point.

A mother always remains a mother and that you definatly are. I respect your focus.

I had to admit I was a little envious when I read your mortgage payment compared to what is here blink.png.

Maybe your family might say I told you so...but I sincerely hope they will give you MORE support than this. You need good spirit around you to keep u strong. rose.gif

Please keep us posted on VJ.

Thanks for the positive words.I work for a bank so I got a good rate. He made the choice and followed through with it .Im better but still hurting. My main focus are my children got to keep it together, but there are late night crying. I am so glad that I am not a person that could intentionally do anything to hurt anyone. Time will heal. Barbara

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Filed: Citizen (apr) Country: Tunisia
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It is still a bit unclear. Somebody must decide who are the employees that do the work and how much they get paid as a bare minimum. This is what business owners do. Does he do this or do you? Or is it some type of investment in a business that somebody else actually runs but from which you get income? Either way, it would seem that you would clearly be entitled to 50% at least and possibly more if he has walked away from it and is not even in the country. If his being a Tunisian citizen and resident will prevent you from getting any share of his income from there for child support for your children here I would imagine a good divorce attorney would argue you must get more than 50% of this shared asset to compensate. Why not ask for it all?

We both agreed to the employee and their pay. There is an accountant that does the payroll and taxes. It is our business that was opened with my savings. Thanks. that's all im asking half for my children and I. I am employed, but martial property is shared. Asking for all would be greedy and too bad Im fair. I always try to remember to treat others as I want to be treated. Even him because he has to answer to a higher power than man. Thanks, Barbara

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Filed: Citizen (apr) Country: Tunisia
Timeline

Well best of luck to you.

Divorcing can be very hard. The best thing to do is find out what the state guidelines are and what the min amounts are and see exactly what you are entitled to and then negotiate from there.

Start by using the child support calculator for your state. Enter in your income (future income not current) and see how the numbers fall. It doesnt matter what you earned respectively in the past. Its somewhat irrelevant now. Of the course the courts frown on a guy who is capable of earning 200k a year and will only work at Burger king now because he doesnt want to send his kids 1500 a month and wants to spite the wife by sending 500 a month. They will force him to send 1500. But if all he can earn is enough to cover 500- then it will be 500. So keep that in mind.

Then move on to potential spousal support. Spousal support is RARE if both spouses work. Its only given if the one spouse is at a severe disadvantage and you do not seem to be.

Look into the rules about how property is divided. You said 'equitably' for your state. Thats good. That means fairly and not equally. Because you have the kids, you should be able to retain most of the property and the home to provide for them. His behavior and his choosing to leave should also be taken into account. You should come out ahead.

Again like I said in divorce you have 2 basic options- you can negotiate amoung your self on any issue or you can have the judge rule. Its preferable to work it out amoung yourselves. If you cant the judge will rule. But be sure by reviewing the guidelines before hand what the judge can potentially rule before going that route.

Thanks, Im pretty familiar with the guidelines and most of the family court judges are fair, With the way he left the home, it wont stand well with any judge bc there was not any reason for him to leave like that. There have never been an issue of domestice violence nor any heated arguments. So he left, because thats what he wanted to do for whatever reasons.

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