When men consider divorce, they can almost hear the money flying out of their bank accounts for alimony payments. Married men with children sometimes decide to remain married simply because they think they cannot afford the spousal and child support payments that are likely to follow a divorce. They are in for a surprise when they learn that they may be entitled to child support following a divorce.
Misconceptions abound regarding a father’s rights in divorce. Most men think that they will automatically be forced to pay spousal support, will lose custody of their children, and will have to pay an unaffordable amount of child support. The truth is that alimony to an ex-wife is not automatic and fathers can win custody of their children. Those who do may even be entitled to child support payments from their exes.
Retaining an experienced, reputable family law lawyer is the key to achieving the most favorable outcome of any divorce. The best family law attorneys exercise a father’s rights to child support and custody on behalf of their clients. They prepare a strong case that clearly illustrates that the male is the more suitable caregiver based on several factors.
Family law judges are supposed to weigh a mom’s and a dad’s rights in divorce equally. However, what should happen and what does happen are often very different things. The male parent bears the responsibility of fighting for his rights. This is easier to do with fathers’ rights help in the form of a reputable lawyer skilled in family law. With an attorney providing assistance every step of the way, a father can win full or joint custody of his children.
Child support is awarded only to the custodial parent so fathers who receive only visitation are not entitled to it. Fathers who are awarded primary custody may be entitled to child support if they earn less money and have fewer assets than their ex-wives. Though far fewer women pay child support than men do, the gap is decreasing as more women are earning higher incomes.
Fathers deciding to end their marriages should retain a family lawyer as soon as possible in order to fight for custody of their children and petition for child support. Reputable family law attorneys provide affordable fathers’ rights help. As a result, more fathers are continuing relationships with their children following a divorce and many are receiving child support payments from their former spouses.
I am disabled and receive Social Security Disability. My wife and I have been married for 29 years. We had planned on seeing a lawyer for an uncontested divorce, but she has issued me an ultimatum saying that she will receive half of the equity in our home and that I will not receive any of her retirement savings and that if the court should decide differently, that I will have to write her a check in the amount of the difference following the court case. If I do not, she will drop me from her health insurance and since I have Rheumatoid Arthritis this would be catastrophic for my health.
For the most part, insurance does not continue post-divorce (its against the law). You can purchase Cobra, but that doesn’t last forever and is costly.
If you are on SSDI, it is likely that you would qualify for extremely cheap or free health insurance though.
As far as division of assets, depending on whether you are in an equitable division state or community property state, that differs. Common to both are that all (virtually) assets acquired during the marriage are “marital property” and subject to division.
Many times, this is a 50/50 split, but it can be split (in equitable division states) with a bigger portion going to one spouse. This would be in the case of, say, one spouse is disabled and can’t work, and the other spouse has the ability to earn much more income. In these instances, the court can award a larger proportion of the retirement accounts, equity, etc., to the disabled spouse.
You need to speak with an experienced divorce attorney and get things filed to protect your right to the marital assets, it sounds like you may be entitled to receive a larger share of the marital estate that was accumulated while married.
Hi, this is a long shot considering the platform we as men have put women on by those of us that believe hitting women or abusing women is ok, but, I cant stop trying. I have three kids (and one with another woman that I have custody of) with a woman whom I was with for 14 years. I caught her cheating in December 2017 and told her to move out of my house that I individually bought. (she is on the deed). She finally did move out Feb. 2018, but me being a man and used to be weak willed allowed her to stay the night sometimes. I think it was a total of four times over 5 or 6 months. Those nights she would start fights, and I have NEVER argued or fought in front of my children, so I would just leave. She was working with the victim witness coordinator in the town we live, I think its appropriate to disclose that that that same woman lived 4 houses down from my grandparents as a kid and she would not allow her boys to play with me ever because unfortunately I made a lot of bad choices in my younger years. (CONFLICT OF INTEREST?) they together came up with a plan that she told me about but I didnt think she could even do because its absurd. They were making/creating a false profile of me by calling the cops to my residence claiming abuse that NEVER happened ( my 12 year old son and two 11 year old daughters will back me on this) the first time they came she was only supposed to be there to collect the remainder of her things (other than the items I would later split with her) and some of the items for the kids so that she would be totally moved out. I dont even know what her reason for calling the cops that day was but I was NEVER arrested or asked to leave, (true through all of this) They came and assisted her with laoding the rest of her belongings into a car that I purchased on a trade in(that she still has possession of). She was told by one of the officers that they would not come to my residence just because she wants to act like a child. Over the next two months 05/2018 – early 07/2018 she called them I believe three more times one time I was not even at my residence at all, the other time we had played coed softball that night and were going home with the kids and when we got to my residence soon as we got out of the vehicle she said, oh yeah, and this is my house and Im not leaving after tonight and your going to pay me child support when you move out and I just ignored her, she then said, or Ill just take them and move to Arizona with my grandma and you wont see them. I again ignored her and her and the children went inside the door shut behind them as I was still in the garage, I threw a glass bottle with cold coffee at my cement garage wall hit the garage door button to open and went outside and left. she called the cops and told them that I threw the bottle at her and punched the garage door opener and broke it ( it was just missing the big plastic botton, had been missing for almost a year). They called me and asked if I would come home I said no and asked if I was under arrest they stated no. She told them she was leaving as she did not live in the residence and did so. The last time she called the cops we had dinner with my old business partner and my sister and our kids (grilled out) and after everyone left she started a fight in the garage again, the kids were upstairs I simply said nope Im not playing your bullshit today and went inside to grab my truck keys as I was wallking back outside to leave she was on the phone and said, ” I need to report an adult male who said he was going to commit suicide” I HAVE NEVER IN MY LIFE! So I turned around and said wtf did you just say and I sat down in a lawn chair. called my uncle ( who is a decorated and well known detective in Nobels County MN. I want to add that each instance the cops came I had called him and put it on speaker phone and he listened in on all the police activity. The cops came and immediately assumed I was guilty of some sort of crime. As I stood outside and talked to the other four police that came for 45 minutes while a police officer went inside with Nicole to ” get her statement ” I later discovered they had pulled a vent cover off of my furnace? I DO NOT KNOW WHY. I told the police I was tired of this shit I would just leave for the night and she could stay in my home with my kids and a friend they had staying the night, but I wanted to lock my bedroom first and get clothes for work. I was escorted inside my own home and I showed the officer my bedroom that CLEARLY no female lived in and he even made a statement to her ” ma’am, a female doesnt live in this room at all, to which i stated I had already told them she doesnt live there. I left and the next afternoon a police officer stopped at my home while I was working and I called my attorney, he told me to go home lock my doors and to not let them see me or hear me in the home for the next two days so I did. He thought maybe they were trying to arrest me for domestic abuse. I later was served with an EMERGENCY OFP that also had MY CHILD( whom I have custody) and myself kicked out of our home because she put on the paperwork after MULTIPLE attempts and denied that she lived there and it was her residence. the judge signed it and the police reports dont even match her statements on it. She also tried this same thing back in 2012 and was denied by the previous judge on every instance. There is a lot more including her punching me in the face multiple times over and over while I was trying to get in my truck and leave in front of two of my kids and my sisters to go over. If this has coaught anyones interest please let me know and how I proceed. I do not have an income due to the falling out of my partnership due to all of this but I will do what I need to do for my babies to be safe for a change.