Pennsylvania | Family Law
Legal Question
Divorce and Child support
My husband and I are still together but there are complications regarding a child from an affair (husband's). The home we live in is in my name only and if I were to file for divorce, I would like to continue to live there with our daugther and soon to be born son. What are my rights to the home and child support from husband?
Legal Answer
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Read More Answered By: Audrey Buglione |
Re: Divorce and Child support Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! 717-798-8LAW. That being said...
An action in divorce may actually result in three separate actions: Distribution of assets, determination of child custody and child/spousal support. In regard to the assets, and specifically your home, an overall determination of the assets and debts needs to be made. Assets include all assets acquired during the marriage, regardless of how those assets are titled. Assets may include your home, any retirement accounts, automobiles, jewelry, bank accounts, etc. In your case, you indicate that the home is titled in your name alone. I would need more information about the acquisition of the home in order to properly advise you as to its status as marital property. You have not asked about custody, so I will not address that here. Feel free to contact me if you need information regarding custody. In regard to child/spousal support: the custodial parent is entitled to receive support for the children. In addition, the economically dependent spouse is entitled to receive spousal support (except in certain circumstances) or alimony pendente lite during the pendency of the divorce proceedings. Alimony (which is a form of support after the divorce is finalized) may also be granted.
Legal Disclaimer. By requesting this information, you expressly agree to the following: The information given is not legal advice. You should not and may not rely on anything on this website as legal advice. I am neither establishing nor accepting an attorney-client relationship. The only method of gaining an attorney/client relationship with me is via a retainer and signed fee agreement, which is not offered via this site. I am providing only resources, opinion and information for you to be informed and educated about your particular rights and needs. My answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up with an attorney licensed in your state. I also am licensed to practice only in Pennsylvania, which may not be the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites. |
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