12-25-2011, 10:27 PM
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#10 (permalink)
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| Member
Join Date: Jan 2010
Posts: 1,624
|  Re: Do you think spousal support will be rewarded?
A. It sounds like you are from England (you have constables, there, no? We have sherriffs here serve you)
B. In America, I would say the courts would take into account your wife's occupational history in the last 3 years before the seperation. She can choose to take a lessor job, but that doens't mean she gains the right to ask you to pay the difference.
C. She has the right to ask for anything so I wouldn't count on lawyer's fees. Judges are very hesitant to award them I have learned.
I just recently went to back to court with my ex-wife and she lost on all of her motions against me (well, she kinda sort of won on one. . .but it was so stupid to go to court for these frivolous motions - the Judge's order doesn't even make sense).
Anyway, I didn't even get to argue my case for attorney's fees and my attorney was there.
The judge just said, "Request for attorney's fees is denied." I didn't even get a chance to say how I've tried to negotiate in kind with her. Now I may have to liquidate the kids college funds to pay for the attorney.
D. You took a lower paying job before the seperation. This is where I admit it gets a little murky. I am apt to agree with you - you, as the partnership, agreed to the lessor paying job.
However, as a general rule, wives don't like it when husbands choose to be a violin teacher that makes them happy vs. a high pressure bond broker for Wall Street that makes them miserable.
They often see it as your marital responsibility.
Her side could argue you are capable of making more, that your income should be imputed to what you were making before and it was your decision unilaterally to accept a lower paying job that led to the demise of the marriage.
I am not saying a court would buy it. . .but if I were her attorney, I may take this angle nad you may have some level of exposure.
This is where a consult with an attorney is valuable - to see what your exposure is.
Always pose that question to him THAT way - "What's my exposure?"
Because any overconfident attorney will say, "Oh yeah, we can beat this. . ." Yeah, well. . .you can. . .but remember, you have two testicles and a penis.
E. Because of C and D. . .try to avoid court. Her attorney is just being an attorney and trying to rattle you (and has I can tell). . .doing what attorneys do. . ."I'll ask him for money based on his old salary. . ."
To them, it's just a game. It doesn't matter it's your life and they are fueling a war between you two.
It's actually better for you if you can just treat it like a game too.
Unless it comes from a Court Order, you can ignore his pleas to you to not talk to your stb-x wife. I honestly don't think he has any jurisdiction in this regard. Only a Court can restrain you. Still. . .I would keep my distance. . .I wouldn't test this, but just because it's written on his Letterhead, doesn't make it so.
If it has a Court Seal, then it's so.
Anyone with $100 can buy 1000 sheets of Letterhead.
Not anyone can have a Court Seal.
Now, if your stb-x wishes all correspondence be directed to him/sent to his office, then of course, comply. But he's just trying to bully you and yes, save the text you have as proof.
There's more, but in the interest of limiting this, I'll leave it at that.
Good luck.
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And maybe I seem a bit confused. . .but maybe, I got you pegged! Ha! Don't know what to do about those tossed salad and scrambled eggs. . .they're posting again. Scannerguard has left the building.
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