Spousal Support et all no kids

iVillage Member
Registered: 01-20-2010
Spousal Support et all no kids
47
Tue, 09-28-2010 - 10:59pm

RL sitch but not mine......

Scenario.. 13 year marriage no kids, woman worked, DH paid for a business for wife to open and maintain on top of her daily job. He buys home during marriage (community property state). She leaves him files for divorce, the house and support. He makes 120,000 yearly, she makes 60,000. Ends up he gets ordered to pay $2000 in SS, he maintains house because she cannot afford it but when sold she gets 75% of proceeds.

Three plus years later, he remarries a woman with two special needs kids but she gets some (little) child support and has an EOW Dad, but SD does help support her kids. They have a child, Mom is hospitalized for last three months of pregnancy, child is a premie. NICU bills ensue. Mom is a SAHM and does hair on the side because of SNK and new baby. Mom pay for groceries and clothes etc for her kids.

When the baby is two weeks old, ex sends wedding pictures, cards, memorabilia of wedding with a "I will always love you note." He doesn't respond. Two weeks after, he gets a letter of intent from the ex's attorney saying she quit her job, moved to a higher cost of living area and now is seeking $4500 mo vs $2000 and he needs to sale the home so she can get her 75%. Home is way below value at this time. He's willing to give it to her and walk after he's paid the mortgage and upkeep for last three plus years. He offered this during the divorce as well, but she could not afford the mortgage and he could. Rather than her living in the home and him paying for it, she allowed him to stay and pay.

Will leave out personal differences between the two for now.

If you were a Judge what would you order?

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iVillage Member
Registered: 03-09-2009
Tue, 09-28-2010 - 11:23pm

<<>>

Personally, I don't see how anyone (female or male) who makes 60k/year needs or should be entitled to spousal support, especially when the ex isn't a multi-millionaire.

iVillage Member
Registered: 09-18-2006
Tue, 09-28-2010 - 11:48pm

My mom and dad got divorced after 20some yrs of marriage. She was awarded SS and CS. The judge told her that her circumstances after their legal seperation would not ever change her SS. The SS was to keep her "accustomed to the lifestyle she had while married". SS would end when she either got married (is never gonna happen) or reached 65. CS was based on her income (or lack there of), dad's income, etc. It could change with circumstances at any time my sister was a minor.



If the exwife in your post quit her job and moved that's on her. SS isn't there to completely support a person.



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iVillage Member
Registered: 06-24-2008
Wed, 09-29-2010 - 12:00am

All I have are questions.

Is it permanent spousal support, temporary for a period of time, and were there any terms? Is the ex-w married now and was that a spousal support terminating event? What does the state law say about spousal maintenance? Were there provisions in the agreement for spousal support to increase for any reason? Was there any stipulation in the agreement that the house had to be sold on her demand?

My gut would say cancel spousal support and ex can't force the sale of the home, but my answer would vary based on some other details being filled in.

"Life is the art of drawing without an eraser."


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iVillage Member
Registered: 01-20-2010
Wed, 09-29-2010 - 12:13am
No she is not remarried. No the house could not be put up for sale upon her demand only when ex dh decided to sale or at five years they would revisit (been 3plus). SS was for about 5 years and no there was no stip for a recalc upon any circumstances. It was $2000 for 5 years or upon remarriage period. Spouse worked the entire marriage. I think that answers all of it.
iVillage Member
Registered: 09-15-2010
Wed, 09-29-2010 - 12:20am

If I were a judge hearing this matter, I would rule according to the letter of the law that applies to their circumstances.

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iVillage Member
Registered: 06-24-2008
Wed, 09-29-2010 - 12:37am
Then as a judge I wouldn't even hear the case. I'd expect the ex-dh's attorney to file to have it dismissed and given what you have said I'd dismiss it. No reason to revisit spousal support, and no ability to force ex-dh to sell before the 5 year mark. Ex-dw can collect her $2,000 until year 5 is up, and get her share of the house proceeds (if there are proceeds) at that point too.

"Life is the art of drawing without an eraser."


John W. Gardner





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"The key to good decision making is not knowledge. It is understanding."
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iVillage Member
Registered: 02-04-2009
Wed, 09-29-2010 - 1:43am
I'd order complete status quo--everything thing as it was originally agreed to. No changes. And I'd make the ex wife pay for the ex husband's legal expenses. And I'd warn the ex wife that she'd likely not fare so well a second time.

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iVillage Member
Registered: 02-06-2009
Wed, 09-29-2010 - 7:24am

<13 year marriage no kids, woman worked>



I have no idea why alimony would be granted in a situation like this. it seems nonsensical.



iVillage Member
Registered: 06-24-2008
Wed, 09-29-2010 - 8:06am
Why not? It's another way of dividing marital assets, but in this case extending them out past the date of the divorce due to some financial inequality that accumulated during the marriage.

"Life is the art of drawing without an eraser."


John W. Gardner





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"The key to good decision making is not knowledge. It is understanding."
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iVillage Member
Registered: 02-06-2009
Wed, 09-29-2010 - 9:21am

Because she continued to work throughout the marriage, therefore had equal opportunity to develop her career.

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