what am I entitled to in our divorce?

Question Details: I'm 27 married 10 1/2 years have a 3 year old and a 6 month old. I am wanting to find out if I am not on the mortgage and I know that I can't get approved for it can I still get our house for the kids? I am also trying to figure out what is the amount I should ask for child support if any?

Asked 9/24/2009 under Divorce, Marriage, Alimony | 472 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Divorce, Marriage, Alimony Law Answers

Joanna Mitchell / Joanna Mitchell & Associates, P.A. Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Florida

Any and all assets of the marriage will be divided through equitable distribution. If the house has any equity, that will be part of the equitable distribution. And child support is based on a formula that is calculated according to your combined incomes and a few other factors. Other than that, and in order to answer your questions as to what you might be entitled to and what your rights and options are, I would need to know much more information.

My office offers free initial telephone consultations if you would like to discuss your matter in more detail. If you would like to schedule a free telephone consultation, please contact my office.

Unless you and your husband can reach an agreement regarding property division, child support/custody, spousal support, and any other issues involved, the court will decide those issues. The court will consider many factors in awarding property (house) and spousal support to you, including the length of the marriage, the income of both spouses, the ability for the spouses to find employment, who has primary custody of the children, etc. Regarding child support, most courts follow a state mandated system based on the income of the spouse who would be paying child support, among other issues.

Related Divorce, Marriage, Alimony Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com