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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #11 (permalink)  
Old 07-31-2016, 10:01 AM
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theoretically if she is cohabbing that counteracts need based alimony and if she only went on leave and worked as much as possible otherwise (I.e: she worked full time) alimony ahould be very limited

Alimony is based on the facts of th case and I get the feeling judges might be starting to use SSAG blindly it might be something that needs to be appealed to be fixed
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Old 07-31-2016, 10:12 AM
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Thanks Links17..so after 3 years of cohab. I should go and appeal ?

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Old 07-31-2016, 08:31 PM
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my position is that she probably shouldnt get any alimony or very limited (I.e a lump sum)

considering she worked full time the entire marriage except 1.5yrs of maternity leave and she is cohabbing now in a stable relationship
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Old 08-01-2016, 06:35 AM
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Does your sep. agreement state you can have ss reduced upon material change of circumstances? I.e. immediately. If so, I would be on it in a flash.

What Board does she work for? Postings come up continually. Even in the summer. Might not be the exact job she wants i.e. a bit more travel, night school, home teaching etc. but they happen.

I still have never gotten my head around the whole SS thing. My ex turns down better paying jobs as they would take more time out of her day. LOL

CS Totally get.. SS not so much.
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Old 08-01-2016, 12:05 PM
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Quote:
CS Totally get.. SS not so much.
It's a mistake to accept CS as fair.

They put "child" in the name to make you think for the kids but it is untaxed, unaccountable money paid to your former spouse to do whatever she wants with.

I am fairly sure almost nothing in family law is fair - it is just a privatized welfare state.
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Old 08-01-2016, 09:29 PM
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As I said before, Links17 provides good advice. It is interesting to find out how we got these horrid child support guidelines. There was a study done in the US which ACCURATELY explains good, bad and ugly child support guidelines. I believe it is still available on the internet and it is a real eye opener. It is from 2011 but it is still as valid today as it was then. We are the ugly - which of course means we have the worst guidelines in North America. I'll find it and post it under the financial issues section.
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Old 08-02-2016, 01:01 AM
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Quote:
Originally Posted by Janus View Post
No it is not. You have kids.

Have you ever seen the news reports of those 20 year old drug dealer high school drop out types who get killed? They were always just about to turn around their life and become awesome when they were murdered.

That is how family law judges view mothers. Even if they have minimal education and are complete losers who have never held a job for more than a few weeks in their life, they were just about to earn $100,000 a year when maternity leave utterly wrecked their employment prospects for all time.

... so all mothers have less income than they should have, and all deserve spousal support. Generally, the only women who get need-based SS are those who didn't have kids. Your ex is a mother, she took some time off work, and it destroyed her forever. You have to pay for it. Her new partner is irrelevant.
Nonsense. This may be true for a minority of cases, but very few women approach divorce this way. I am a divorced mother who took time off and I receive no spousal support (and did not seek any) because I make a good income (and now out-earn my ex). I can count plenty of other women friends in the same position. We are much more typical than the lazy-parasite-man-eating woman depicted in postings such as the above.

If you hang around these forums long enough, you'll notice two things: first, you'll notice few bitter male regulars who are unhappy with their divorce orders and who can turn almost anything into a tirade about the crappiness of women and the anti-male bias of The System, frequently crossing the line from sexism into misogyny. Second, you will notice very few women here who go on and on about how all men are cheating bastards who knock up their wives and then dump the wives and the kids during pathetic midlife crises, and how the male-dominated judicial system always screws women over and lets men get away with murder.
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Old 08-02-2016, 01:13 AM
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As for the original question (lump sum SS vs ongoing payments), my thought is that if you have a lot of years ahead of you in your career, you might be better off with the lump sum, as long as your agreement is absolutely clear that this is the end of SS and the ex cannot come back and seek more. SS is tax-deductible, which might give the advantage to ongoing payments, but if your income is variable, the financial impact of SS might be worse. With the lump sum, at least you know exactly what your exposure is and you know you will have no further dealings with your ex over SS.
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Old 08-02-2016, 09:38 AM
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Thanks. Does anyone know how valid are the divorce mate software results? Any previous case took a stab at questioning how the values are accurate. The reason I say that is the lawyer ran the numbers and a funny result came up. The result is i can owe the ex SS for more than the length of the marriage.
I am not sure why do the divorcemate software company limit the licenses to the lawyers. I can only imagine that the lawyers are all contributing to a fund to restrict access to acquire that software to the public. Can a paralegal have it?

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Old 08-02-2016, 10:19 AM
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from my experience the divorcemate numbers never made much sense but they were used as the default numbers by both lawyers and my arbitrator regardless.
I ended up buying out my spousal support sentence - do note that the lumpsum is not tax deductible for you (or income for her).
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