Help for some one who is divorced and Child Alimony.

AndhraAmerican · Post by **AndhraAmerican** » Sat Feb 24, 2007 12:38 am

Guys,
I know some lady who got divorced couple of months back. That guy simple walked out of the married life leaving behind 6 months old kid and this poort lady waited for nealy 3 years with a hope that this lunatic would come back. Come back he did but with a divorce notice. Now they are seperated and this guy is not paying a dime towards child alimony. I assume she is not USC but is a GC. The guy seemed to have made tons of money in business and is also getting married. What are the possibilities of getting this guy dragged to the court and getting a child alimony for this poor kid and the helpless lady. Any help is greatly appreciated.

thanks

AA

Mel · Post by **Mel** » Sat Feb 24, 2007 12:53 am

She needs to get a good attorney who will take her case. She can squeeze him for every bit of his money. She needs to go after him, at least for the sake of the child. Hopefully she won't need to drag him to court but rather settle amicably outside the court system. She still needs a lawyer for this though.
If he still fails to pay for child support, they'll throw that dead beat father in jail.

Desi · Post by **Desi** » Sat Feb 24, 2007 12:57 am

Did she sign some mutual consent divorce papers?? Is she legally divorced??

She needs a good attorney. She can take half his marital assets, freeze his bank and brokerage accounts or request under a court order that no assets be dissipated and / or traded. She can get child support typically 20% of his take home pay for the child till the child is 18 and this will be tax free to her. She can also claim alimony for a reasonable amount of time which will depend upon their relative incomes and length of marriage.

If she has already signed some mutual consent divorce papers, then she has complicated the situation. If she has not, she can petition the court for temporary support till divorce is finalized. She can even petition the court for arrangements of a car at his expense if she can show the need and he can financially support it.

Desi · Post by **Desi** » Sat Feb 24, 2007 1:00 am

Howq did they divorce? Was an attorney involved? How was child support decided? Was she granted alimony? Did she contest these things? These are decided based on his income. If he is making good money, then all these should have been substantial.

There should have been a division of marital assets as well as all premarital assets that were comingled.

If she has signed and agreed to some child support, how did she do that and when? She can petition the court for revision of child support, if material changes to his income have occured.

Desi_by_Nature · Post by **Desi_by_Nature** » Sat Feb 24, 2007 2:52 am

There are nonprofit organizations that especially cater to south asian women in such matters.

Maitri is a prominent one. http://www.maitri.org/
Although they are based in the bay area, they can probably help anyone nationwide or point to other local affiliates, lawyers etc.

AndhraAmerican · Post by **AndhraAmerican** » Sun Feb 25, 2007 2:41 pm

Thanks for the info folks. She lives in US and yes they are legally divorced to my knowledge this lady is so struck with this guys behavior that she is still not able to believe what he has done to her. So she is not even thinking of child alimony or the assets or getting this guy held responsible. Is the parent not legally bound to provide support even after they are dovorced legally ? How can this guy divorce her and get away with the the child alimony ??

Desi · Post by **Desi** » Fri Mar 02, 2007 1:12 am

AndhraAmerican;8967Thanks for the info folks. She lives in US and yes they are legally divorced to my knowledge this lady is so struck with this guys behavior that she is still not able to believe what he has done to her. So she is not even thinking of child alimony or the assets or getting this guy held responsible. Is the parent not legally bound to provide support even after they are dovorced legally ? How can this guy divorce her and get away with the the child alimony ??[/quote]

There is not enough information here. How does she know she is divorced? Does she have a divorce decree? What does it say about child support? Did she sign the decree? Why and how? A court will not let him get away with even an amicable divorce with no child support.

This guy can be taken to court very easily not only to pay child support but to pay his fair share as a percent of his net take home pay and that too tax exempt.

There is not enough information here that anyone can offer a meaningful suggestion other than to see an attorney.

If more information is forthcoming, then more meaningful suggestions may be available.

It boils down now to the divorce decree, the content of that, etc and how did she sign that? Was she deceived into signing it? etc. He can very easily be taken to court.

Desi · Post by **Desi** » Sat Jun 30, 2007 12:09 am

Curious as to how this got resolved?
Any updates would be appreciated.