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Spousal and Child Support and Asset division

Asked Jun 8, 2010, 12:39 PM — 2 Answers
My wife is filling for divorce, after 9 1/2 years of marriage, she was an MD (Pediatrician) on H1b Visa,
After the marrige, she gained her US Citizen through me, we had a 9 yrs old son.
After I married here she move into my new house, during the marriage, she gain another
(2nd) speciality in Asthma and Allergy and Immunology and established her own Medical clinic during the marriage . Unfortunetly, I went on Disability 11 months ago due to my physical and mental health condition I am currently receiving some income but much less than what she is making, and now she is walking away form the marrige I have lost a lot now, my question do I have to pay a child support and what's her responsibilty toward her sick husban that she has left behind and do I get spousal support or any ather income since, I am already receiving monthly income (of $3700 per month) she has all the future potential earning.

2 Answers
JudyKayTee's Avatar
JudyKayTee Posts: 46,130, Reputation: 23840
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#2

Jun 8, 2010, 01:01 PM
What State? In GENERAL, yes, you have to support your child - divorcing his mother has nothing to do with his support.

You would need an Attorney in order to determine what assets/support you are entitled to receive. If you put her through school you very well may "own" part of her degree(s).

She, in general, has no more responsibility toward a sick husband than a healthy husband other than the support aspect of things.

You need an Attorney. The Court will evaluate your health, your education, your ability to work and may offer you limited support for a limited period of time.
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stinawords's Avatar
stinawords Posts: 1,861, Reputation: 563
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#3

Jun 8, 2010, 08:49 PM
I'm going to guess that she has an attorney, if so then you will need one too. As Judy pointed out you will probably need to be evaluated to see how much earing potential you have. It is possible that you will get some spousal support but only for a small period of time since you weren't even married for ten years. Again, what state you are in will matter because each state has basically similar but can be greatly different laws. As a rule yes, you will always have to support your child in some way shape or form. How much financially will depend on a lot of things.
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