Spousal Support When Separated 10 Out Of The 12 Yrs Married

[ameliapalooza]

My question involves divorce in the State of: colorado My brother is currently getting divorced from a 12 year marriage however he has been separated from his wife for almost 10 of those years. they have 3 kids twins age 9 and a 12 yr old and my brother does pay child support. his soon to be ex has filed for both a legal separation and a divorce at the same time ( thats what she told him) and is asking for spousal support as well as pay back for all the years they were separated that my brother claimed the kids on his taxes but she does not work and she doesn not file taxes her and the kids live with her mother which is where my brother lived before they were separated her means of support is his child support payments and her mother. she is also recieving food stamps and meicaid during thier years together my brother did not hold a study job and her mother basically supported them most the time but in the last 5 yrs has really grown up and is studily employed he grosses about 2700 a month what are the chances she can get any type of spousal support from him since he was only in the home 3 of the 12 yrs and as far as the taxes are concerned...she doenst even file she wants her mom to be able to claim the children doesnt that mean her mom is supporting them? if it does then what about the foodstamps she recieves wouldnt she have to use her moms income for that if her mom claims the kids on her return? this woman is sending my brother into a panic she wants him to go to mediation for the spousal support I say go to court my brother is clueless she is harrassing him and i think its all lies to cohearse him into giving her what she wants. any ideas? i have tried to tell my brother to see an attorney but he needs re assurance he is doing so well these last few years and i am affraid she will send him into a running panic

[CourtClerk]

This post needs some punctuation and some paragraphs. It's WAYYYY too hard to read.

[525601minutes]

hee hee - I thought it was just my old eyes... I got lost around the fifth line down - going to bed now

[LawResearcherMissy]

i have tried to tell my brother to see an attorney but he needs re assurance

What he needs is a good swift kick in the pants. Then DRAG him to a lawyer, because a lawyer is the only one who is going to be able to give him an informed opinion.

[Xena]

My question involves divorce in the State of: colorado My brother is currently getting divorced from a 12 year marriage however he has been separated from his wife for almost 10 of those years. they have 3 kids twins age 9 and a 12 yr old and my brother does pay child support. his soon to be ex has filed for both a legal separation and a divorce at the same time ( thats what she told him) and is asking for spousal support as well as pay back for all the years they were separated that my brother claimed the kids on his taxes but she does not work and she doesn not file taxes her and the kids live with her mother which is where my brother lived before they were separated her means of support is his child support payments and her mother. she is also recieving food stamps and meicaid during thier years together my brother did not hold a study job and her mother basically supported them most the time but in the last 5 yrs has really grown up and is studily employed he grosses about 2700 a month what are the chances she can get any type of spousal support from him since he was only in the home 3 of the 12 yrs and as far as the taxes are concerned...she doenst even file she wants her mom to be able to claim the children doesnt that mean her mom is supporting them? if it does then what about the foodstamps she recieves wouldnt she have to use her moms income for that if her mom claims the kids on her return? this woman is sending my brother into a panic she wants him to go to mediation for the spousal support I say go to court my brother is clueless she is harrassing him and i think its all lies to cohearse him into giving her what she wants. any ideas? i have tried to tell my brother to see an attorney but he needs re assurance he is doing so well these last few years and i am affraid she will send him into a running panic

He should definately get a consult with a local attorney. If he has not been voluntarily paying her any SS for the last 10 years, she's going to have an extremely hard time in getting SS ordered now. A local attorney will be able to give him the best advice on what is possible.