Will I get alimony and child support?

My husband and I have been married for 11 years. I just recently caught him cheating on me; he has been having an affair for 8 months now. He never wanted me to work; he wanted me to stay at home with our 4 kids (ages 15, 10, 9 and 3). I recently started subbing at the kid’s school just to bring in extra spending money. Will he have to pay me alimony + child support?

Asked on October 9, 2011 under Family Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  The state of Alabama allows either party to a marriage to ask for and receive spousal support based upon a review of various factors should the parties not agree to an amount.  Here is the statute:

The judge, at his or her discretion will consider; the value of each spouse’s assets as well as their families and up to one half of any pension, 401k or retirement benefits as long as the length of the marriage was 10 years or more. Any marital misconduct by either spouse may be considered in determining the appropriate support amount. Any property acquired prior to the marriage or by inheritance or gift may not be considered in determining the support amount. (Code of Alabama - Title 30 - Chapters: 2-51, 2-52, and 2-55). 

Please speak with an attorney in your aea on the matter.  Good luck.


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