When Seeing a Lawyer becomes Irrelevant?

[cyanaura]

My common-law ex and I split up a just over a year ago. Each of us has custody of one of our children. I don't make much more than she does, but she's hinted that support might be an option for her at times and that she might pursue it legally. When is it customary to seek support in these types of cases? Right after a split? Or could she reasonably file 5 years down the line? Or would a lawyer or a judge simply tell her that that ship has sailed?

[standing on the sidelines]

well I am thinking that for most people if there really was a need for it they would apply right away. The longer they wait, the less weight their claim has. The judge may look at her and say "well you supported yourself okay for the last 2 years so you do not need ss"

I am not sure about time limits but the longer it is I think the less likely she will get it. Are you sure she is not just rattling your cage a bit?

[Foredeck]

For spousal support, the longer she waits, the less she'll be awarded anything. Spousal support is basically help you'd provide her to get on her feet, and it's temporary.

For child support, it's never closed. She can come back in 10 years (before the kids move out and become independant) and ask for support.

Spousal Support is very complicated and depends on the judge. However, for child support, it's fairly straight forward and you can calculate it. If she makes slightly less, that means that you'd pay slightly more then 50% of all extraordinary expenses plus you'd pay a small monthly amount (from the charts).

I think that if it waits, you might be caught with retroactive amounts, but not sure how that works.

[cyanaura]

That's all well and good but what if we're 'dividing' the children and their expenses more or less equally? Wouldn't she have to have both kids in her care to claim child support?

[Foredeck]

She has one child, you have one. So, I believe it would be the same as having joint custody of one child (for mathematical purposes).

So, you calculate how much you would pay if she had full custody and "pay" her. Then, she does the same exercise and "pays" you. If you should pay 400$ per month, and she should pay 350$, in this case, you would have to pay 50$ per month.

If both salaries are fairly close, you shouldn't worry about spousal support after this. For spousal support, you add/remove the child support and they try to bring the salaries to 45 to 50% of combined salary.

[billm]

Originally Posted by Foredeck

...For spousal support, you add/remove the child support and they try to bring the salaries to 45 to 50% of combined salary.

This sounds like being married, not divorced, to me.

[Max22258]

Not sure what support you are talking about, if it is spousal then since she has not much chance of having any as she is self sufficient. For the kids that is a different matter and it depends of the difference in your salary.