If after 17 years of “living together” and 2 kids we are separating, what am I entitled to?

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If after 17 years of “living together” and 2 kids we are separating, what am I entitled to?

I would like to know what I would be entitled to as far as child support and spousal support. We have a house with both our names on it and I am not working at the moment. How is child support calculated? I also want the medical for the kids paid as well. I would also want to stay in the house.

Asked on March 31, 2012 under Family Law, California

Answers:

Patricia F. Bushman / Bushman & DuBose, LLC

Answered 9 years ago | Contributor

If you are in Texas, I would file for a divorce, alleging a common law marriage.  That can get you some spousal support.  Both spousal support and child support are based on the payor's income.  The payor should also pay for health insurance on the kids, and 50% of uninsured medical.  You should be able to stay in the house during the divorce, after the divorce it would depend on several factors as to what would happen with the house.  You should consult with an attorney in your area to put together a plan.

Alan Pransky / Law Office of Alan J Pransky

Answered 9 years ago | Contributor

It appears that you are not married.  Therefore, you are not entitled to spousal support.  You may be entitled to some property division.  Child support iw based on the Massachusetts child support guidelines.  You can find a link to a calculator at my web site at http://www.pransky.com/FAQ-Divorce.shtml#4.  In Massachusetts, the Judge will make sure that medical insurance is addressed.  However, if you are not married, you may not be covered under his policy. 


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