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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-08-2010, 12:06 AM
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Default In debt, Spousal Support? Need SERIOUS help here

Ok, so on a lovely day in march my husband came home and dropped the atom bomb.He wants a divorce.
I am a cancer survivor of just 1.5 years and am still pretty emotionally fragile.He said he had just had it with me.I personally think he is having it with someone he works with...whatever.
I have only worked part time since my diagnosis.I have a well paying job and I still have some physical issues such as nerve damage.Being the silly person I am I beived when he said it was ok to work part time.Now he is throwing that back in my face.
We have about 240,000.00 worth of debt including the home.The home is appraised at 209000.00 we can maybe sell it for 220,000.00 if we are lucky.
He came to me with this offer yesterday
$10000.00 LUMP sum spousal support, 8000.00 to pay off car and a 7000 RRSP.
Thats it, thats all.He is going to remortgage the house in his name for 245000.00
I am trying to get another part time job that I can do.I am NOT lazy and he is making it out to be.
He says there is nothing more to give and to suck it up...
I don't know.
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Old 04-08-2010, 12:22 AM
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and I have read spousal support is a sticky issue.I have tried to think of a way I would NOT have to ask for it, however I have a loan in my name only and it is more than the 10000.00
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Old 04-08-2010, 01:08 AM
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He can offer all he wants but that doesn't mean you need to accept it. He had jus calculated what would be convinient for him. Consult a lawyer or two and you will get the picture for yourself.
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Old 04-08-2010, 08:32 AM
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How long were you married for? and how much do you both make?

The general rule of thumb for SS is that he should bring up your income to be 40 to 45% of your combined income for half the length of your marriage.

And, he could argue that you're underemployed and that your income should be calculated as if you're working full time. So, for this, you may want to consult a doctor to get a note that you can't work full time.
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Old 04-08-2010, 08:42 AM
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Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
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So with his deal, you would be walking away with no debt and $25,000 cash.

He would be left with a house with no equity, there was at least $20-40k debt besides the home (line of credit? Credit cards?) and he will have to take out additional loans to pay your lump sum.

Although you are working part time, you apparently have a good career, and future prospects.

You would be asking for spousal support not on the basis that your marriage affected your earnings, but that your husband should be your disability insurance.

I'm not saying this to be hard on you, but because this is just a fraction of the arguments that your husband and his lawyer will come back at you with.

You don't say how long you were married, but you seem to have no equity in your house, or savings or investments to spit, so I can only assume you are still fairly young and it has been a short to medium marriage.

There is absolutely no way to comment on whether his offer is reasonable without knowing his income, your potential income when you go back to work full time and the length of marriage. His offer could be very generous, or it could be a pittance.
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