If I am disabled, primarily dependent on my wife’s income and have the kids, can I get alimony and child support?

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If I am disabled, primarily dependent on my wife’s income and have the kids, can I get alimony and child support?

I am 38 years old have been disabled for 5 years. Last year, I was finally awarded disability that is the only income I have. My wife has moved out of the house and I still have the kids. Would I be able to receive alimony in this situation?

Asked on October 26, 2012 under Family Law, Missouri

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Missouri does have a marital support statute-- which most people would call alimony.  A court is authorized to award spousal support if one spouse is unable to provide for themselves (as with a disability) and their share of the marital estate is not sufficient to provide support.  The court can take into consideration a variety of factors in setting the award, including the the fact that the spouse is also the primary caregiver of the children.  So based on the facts that you describe, you would be eligible for spousal support.  You could also ask the court for child support.  The award of one type of support does not preclude the award of the other type of support. 


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