Q: I want a divorce but my wife wants more money than what I already pay her. We have been seperated for 4 years.
I have a child with another woman who is not claiming child support. I am a stay at home dad and do not work. I am receiving retirement pay now. Will child support come out of my pension first before the wife's % of my pension and will I have to pay alimony even though I don't have a job.
A: You don't need to wait to file for divorce. Since you have been living separate and apart for more than one year, you have grounds for filing the divorce. The division of pensions and retirement accounts depends upon how much of the pension accummulation occurred while married. Defined benefit plans, 401k accounts and other unqualified benefit plans all have different restrictions or payout options. You must contact the pension administrator for your answer.
Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Legal Answers is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Legal Answers without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.