Spousal Support et all no kids
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|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?