Step child

derelictherds · 2023-01-27T01:40:44+00:00

You really need to hire a lawyer if you haven't already. Did you adopt the child? You might be on the hook for child support if so. Alimony laws vary from state to state. Some have clear-cut rules and guidelines and others do not. I've always heard that mandatory spousal support isn't a thing in Texas, but I'm not actually familiar with the law there. I have a hard time believing it because I divorced in a so-called "no alimony state". I found out the hard way that this was only a myth. Texas is Texas though so who knows. Talk to a lawyer before agreeing to or signing anything.

junkmailbox121 · 2023-01-27T02:31:57+00:00

I’m not a lawyer so please consult with one in your county, but here my interpretation of how the laws may apply to you. My divorce is almost complete in TX.

In TX if you were married for less than 10 years there would be no alimony unless your STBXW is incapable of earning income ( for example a disability). Your STBXW may have known this and held out for the 10 year mark to call it quits. I think you’ll have to pay alimony for half of the duration of the marriage after 10 years of marriage. If she’s not working they can impute her income with the federal minimum wage.

As for child support, according to this site https://www.texasattorneygeneral.gov/sites/default/files/files/child-support/forms/cs-faq%20correct.pdf you would be on the hook for child support if you signed some kind of acknowledgment of paternity. If you didn’t agree to any form of paternity then you may be off the hook. Your STBXW needs to follow through with establishing the paternity if she wants to collect child support if you haven’t agreed to paternity of the child. One good/bad thing about TX is whoever gets primary custody is eligible to get child support. For example if you ended up with custody of the step child your STBXW would be the one responsible for child support even if you make way more money.

If you have proof that she cheated you can ask for more of the estate. If she used marital funds for for the affair then you can ask for her to reimburse whatever she spent when assets are divided.

Even though she may have been a freeloader, you won’t get any credit for that. My STBXW was a freeloader and more and didn’t get a dime for all the money she spent. Everything will be split in half(debts and assets) or close to half.

Everything is negotiable before going to trial so you can offer more of the assets up front in lieu of paying her alimony. Proof that you have of her not being happy in the marriage won’t help unfortunately. If she was that unhappy she should’ve ended it sooner but may have been holding out for the 10 year mark. Sorry to be the bearer of any bad news but hope this gives you an idea on what you may be liable for.

Throwaway4120213 · 2023-01-26T23:47:15+00:00

No - spousal support is purely about distributing from the high income spouse to lower earning spouse. Courts don’t care about whether one spouse got a free ride or if someone was unhappy or whose fault it was the marriage ended.

I don’t understand your rationale for removal of 20% minimum wage from her half of the marital assets. Because she failed to collect child support? Yeah no - the Courts don’t care about that - they aren’t going to start punishing people for missed opportunity costs that were never realized.

Husband didn’t take a promotion that would have earned more money and he should get that deduced because they would have 20% more? Or wife didn’t work for 10yrs and should have that deduced because they would have 20% more? Or husband failed to collect his winning lottery ticket so deduct that because they would have 20% more? You can see the problem here with this.

shabba10001 · 2023-01-27T06:53:59+00:00

The division of assets won’t be reduced due to her not pursuing child support. Her being unhappy for ten years while sad if true, won’t change the fact that you have been married ten years. Idk if this separation just happened but you may want to see a therapist because right now you sound extremely vindictive and you don’t want to carry that into your next relationship, you deserve to have a fresh start without baggage.

RebuildingSelflove · 2023-01-27T00:29:35+00:00

You’re upset which is understandable however from what I’m reading you and your wife are having more of an emotional problem that should be handled by a psychology or spiritual professional. Relationships end for many at some point in time, the key is ending things as amicably as possible while maintaining your dignity and integrity. As far as you feeling like your wife is a freeloader because of spousal support, consult your attorney about your stance however by going tit for tat and attempting to destroy each other’s character, it won’t turn out well for either of you.

Bow out gracefully and work as best as you can to protect yourself legally. Take what you’ve learned from this circumstance and apply your wisdom to future relationships. So many couples make separation such a painful process while further traumatizing each other. That trauma then leaks over into future relationships. I don’t think that the courts will honor the child support case but consult your attorney. Best wishes to you.

James1933-75 · 2023-01-27T01:18:08+00:00

Have her earning potential imputed, this is what you are gunning for. She has income potential, even at minimum wage, to offset spousal support. The courts do care about this.

upvotersfortruth · 2023-01-27T01:28:24+00:00

Are you trying to argue that your support of her child should be reimbursed through a disproportionate distribution of the marital estate in your favor? Did you put this in writing in a prenup or something? Did you fight with her about supporting the kid while it was happening? Did you actually track the money spent on the kid on an ongoing basis such that you could put a real number before the court?

FunkyTownMascot · 2023-01-27T03:48:08+00:00

Her child, your step child, has nothing to do with this divorce.

Try to disengage with her as much as possible. Communicate in writing. Sleep in your vehicle if you have to. She's already lobbing false DV allegations. So, you need to play some defense here.

Title	Step child
Author	samaustinlife
Upvotes	10
Comments	10
Date	January 26, 2023 11:00 PM UTC (3 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/10m59ai/step_child/
Archive Link	https://theredarchive.com/r/Divorce_Men/step-child.1150107 https://theredarchive.com/post/1150107

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