Question:

My wife is filing for divorce and is requesting both child support and alimony; however, I think she just used our marriage to get a green card.

Is it possible to prevent her from getting support payments?

Answer:

In Colorado, if child support and maintenance (alimony) are at issue, you will need to provide evidence to the judge supporting your position as to why what your wife is requesting is unreasonable.

Child support will be a legal obligation no matter what happens in your case. It is determined largely on the parenting time orders, gross monthly income of both parties, any award of maintenance and any applicable “credits” (i.e. health care coverage for the minor child).

In Colorado, maintenance is not an entitlement simply because one party earns more than the other. In order for maintenance to be considered by the court, a party must first establish that they cannot sustain their reasonable needs without the assistance of the other party.

If she can show this, then the court moves to the issued maintenance guidelines as a starting point at what may be a reasonable award.

The guidelines for maintenance take into consideration the gross monthly earning of each party, as well as the length of the marriage.

If you are not in agreement with what the guideline amount says is appropriate, you would have the ability to argue your position to the court and provide evidence supporting that position.

Ultimately, the decision would be left to the judge. Regarding the ability to achieve custody of your child; this is always possible. However, without much more detail regarding your specific situation, how likely it is to happen is something I cannot answer for you at this time. Each state has its own requirements for parenting time, maintenance, and child support.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.