Do you think spousal support will be rewarded?
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Old 12-23-2011, 01:27 PM   #1 (permalink)
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Default Do you think spousal support will be rewarded?

My wife and I began negotiating a plan for division of property. Then out of the blue she hires an attorney and now is seeking spousal support. We have been married for 3 years and we both have jobs. She recently accepted a new job that pays her about $500 less per month than her previous job. She took this job after our separation. Not once had she mentioned that she would need spousal support but after hiring the lawyer she has served me with a complaint for spousal support and also the constable that served the papers said that I am NOT to communicate with my wife directly or electronically. My monthly net income is about $600 more than what my wife makes now per month. I took a new position at my company that pays less and this was before the separation. I sent my pay stub to my wife's attorney and he used my previous job income plus bonus that was paid for my previous job verses my wife's current lower paying job to calculate the amount of support. I am not guaranteed a bonus in my position, so is is fair to use these numbers considering that my wife voluntarily accepted a lower paying job after separation?

To top it off, my wife sends me a text message wishing me a merry christmas. She requests that there be no contact so why is it ok for her to contact me?!?

My wife has gainful employment, has a car and the means to seek a better paying job. Is her request for support fair?
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Old 12-23-2011, 01:32 PM   #2 (permalink)
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Default Re: Do you think spousal support will be rewarded?

get your own lawyer fast
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Old 12-23-2011, 01:40 PM   #3 (permalink)
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get your own lawyer fast
Exactly! Around here, I doubt she'd get anything for spousal support, as you're close in salary. And any awarded amount would be of a very short duration, since you haven't been married long. But talk to a lawyer yourself, from your area.

As far as contact, just ignore it. She'll get the hint.

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Old 12-23-2011, 02:03 PM   #4 (permalink)
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Default Re: Do you think spousal support will be rewarded?

I agree in that I doubt you will have to pay spousal support. Like the other posters said, if you did, it would be very little (because of differences in your pay) and for a very short period of time (because of your short marriage).

Talk to a lawyer.

Problem is it will probably cost more in lawyer fees than what you will have to pay her in spousal support.

Wonder if you can go after her for your lawyer fees due to this being such a frivolous request. Ask your lawyer about that as well.
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Old 12-23-2011, 04:06 PM   #5 (permalink)
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Default Re: Do you think spousal support will be rewarded?

In my state her chances of getting spousal support would be zero. Check with an attorney in your state--preferably someone who practices family law exclusively. Many times an attorney will not charge for the initial appointment.
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Old 12-23-2011, 04:19 PM   #6 (permalink)
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Default Re: Do you think spousal support will be rewarded?

You sent your pay stub to her attorney? Does this mean that you do not have an attorney? If you do not have an attorney fighting for you she will get the farm. Get yourself an attorney ASAP. Her attorney is pulling a fast one on you. Since you do not have an attorney he/she knows they can do this to you.

Whether or not she can get spousal support depends on where you live? Are you in the USA? What state do you live in?

GET AN ATTORNEY ON MONDAY!!! Here are the issues you want your attorney to handle for you based on what you said above.

Being married only 3 years, yours is a short term marriage. I every state your wife is NOT entitled to long term spousal support after your divorce.

In some states, she might be entitled to some interim spousal support until the divorce is final. The most she can get is Ĺ to 1/3 of the difference of your income. So if you make $600 a month more than she does, you might have to pay her $300 to $200. But even in California I don’t think there would be any support based on this slight difference.

Your previous pay does not count because you have a change in circumstances. Thus your pay from your current position is what will be used to determine any support.

Your wife’s current pay is what has to be used to calculate spousal support.

Again GET AN ATTORNEY ON MONDAY!!!
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Old 12-23-2011, 04:20 PM   #7 (permalink)
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Default Re: Do you think spousal support will be rewarded?

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Originally Posted by SadSamIAm View Post
I agree in that I doubt you will have to pay spousal support. Like the other posters said, if you did, it would be very little (because of differences in your pay) and for a very short period of time (because of your short marriage).

Talk to a lawyer.

Problem is it will probably cost more in lawyer fees than what you will have to pay her in spousal support.

Wonder if you can go after her for your lawyer fees due to this being such a frivolous request. Ask your lawyer about that as well.
In this case he probably can since it is indeed a frivolous request. His wife obviously as an attorney who is willing to try any kind of silly antic to get money.
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Old 12-23-2011, 05:53 PM   #8 (permalink)
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Default Re: Do you think spousal support will be rewarded?

I do have a lawyer and have forwarded the spousal support worksheet that her lawyer used to calculate the ridiculous amount.

He is in agreement that we can fight this. I would love to see her face when she it is denied and it would even be better if she had to pay my legal fees.
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Old 12-25-2011, 06:51 PM   #9 (permalink)
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Default Re: Do you think spousal support will be rewarded?

Coby Bryant, (of the Lakers) whose wife filed for divorce. She will get about 60 million. She had the nerve to ask for SPOUSAL/CHILD SUPPORT. The nerve of some people!
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Old 12-25-2011, 10:27 PM   #10 (permalink)
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Default 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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