Friday, December 3, 2010

Family Law--Temporary Hearing--Case Study

Client was served with summons, complaint by husband's attorney.  Husband was seeking divorce on the ground of having lived separate and apart for more than 1 year.  Wife was surprised to be served with divorce papers.  Wife hires Wendy M. Bowen, Attorney at Law as counsel.  We file an answer to husband's complaint as defendant.  Wife counter sues on the grounds of adultery.  Husband was primary wage earner.  Wife assisted husband with  building business throughout 25 year marriage.  Husband helped with children, but would not provide any assistance to wife to pay household bills.  Although wife found a job, there was a huge disparity in income.  Wife sought temporary alimony, along with child support.  Husband refused wife's offer to settle out at $500.00 alimony plus child support by SC Child Support Guidelines.  Husband's primary argument at temporary hearing was that he was paying child support to wife, and that wife had college degree and could seek better employment.  Our argument at temporary hearing, included disparity in income, number of years of marriage, although wife had college degree she did not have experience, and that wife had been an at home wife and mother for 25 years of the marriage at the request of the husband in order to help him build his business.  Judge found for defendant wife ---over $800 per month alimony and $800 per month child support. 

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