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  • Spousal Support

    Hi,

    I and my ex are married for 6.6 years and I have been paying mid range spousal support and her lawyers wants the spousal support to be reviewed in three years and I wanted to be reviewed in 2 years and this along with my child parenting time is going for trial so my question at the time of trial it will be 2.5 to 3 years so what will happen in general when reviewed ? Can we request for end date and so how many years generally we need to pay?

    Through motion I have imputed 29,000 dollars and she is deliberately doing the basic job when she has done CPA. Your thoughts will be highly appreciated?

    Regards

    SSHAN

  • #2
    My guess - you'll be paying 3 years by the time of final decision. If entitled, ss would continue with a review date in another 2 years with a strong push to self sufficiency. Hopefully you'll come to an agreement then or else you'll have to go back to court to end it. Courts prefer review dates over end dates when it comes to needs base.

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    • #3
      Hi,

      Thankyou for the response . Based on your response it wont exceed 6 years of marriage ? and I have a settlement conference coming and I will agree to 2.5 years of review date and then push for end date .

      Can we question based on the division of the property she will be self sufficient ?

      Regards

      SSHAN

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      • #4
        There are too many variables to know for sure but assuming it's just the typical you work and they don't, I would think duration would be slightly less than your length of relationship. At trial, you would push for no spousal but have offers now with a review date at year 3 or 4 to avoid trial.

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        • #5
          Originally posted by StillPaying View Post
          There are too many variables to know for sure but assuming it's just the typical you work and they don't, I would think duration would be slightly less than your length of relationship. At trial, you would push for no spousal but have offers now with a review date at year 3 or 4 to avoid trial.
          Agreed. 6.6 years is a very short marriage. Talk to a lawyer OP. There are good lawyers that could make that 0.0 years of SS in most cases. Again, like SP says... "too many variables to know for sure".

          Usually on a short marriage like this... it's max 1/2 the duration of the marriage and in many cases 0.0 years. Its all about how good of a lawyer you have...

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          • #6
            A good lawyer can make all the difference! My thinking is that if entitlement is found in a short marriage, it's more likely to be closer to 100% of length.

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            • #7
              Hi,

              I will give a background of my case . I 'm making 1,00,000 and she was making 30,000 and then she was laid off and for 1.5 years she didnt work and then called off the marriage and with motion she getting 1000 dollars with a imputed income of 30,000 and there lawyer is not agreeing for a end date but they wanted a review date so I'm not sure whether to agree to 2.3 years of review date or go to trial and ask for a end date . Your thoughts will be highly appreciated as i'm self represented.

              Regards

              SSHAN

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              • #8
                You make one million or 100 thousand? Because it makes a difference.


                Sent from my iPhone using Tapatalk

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                • #9
                  I make 100 thousand.

                  Comment


                  • #10
                    Well letís see. You will wait 2 years to get in front of a judge who may or may not agree to 2.5 years. BUT you will be paying legal and court costs and if she is offering what you will get anyway then she may be entitled to costs which is more money you are out. So ask yourself if fighting her is cheaper than agreeing.


                    Sent from my iPhone using Tapatalk

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                    • #11
                      Originally posted by sshan View Post
                      Hi,
                      ...there lawyer is not agreeing for a end date ...
                      SSHAN
                      Don't believe a word of what their lawyer says. They are paid to screw you over.

                      Find your own lawyer, at least to get an idea of what a "fair" settlement would be and go from there. Once you know what a fair settlement would add up to, compare it to what your ex is offering and determine if it makes sense to just pay her off. Or to counter offer and save some money.

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                      • #12
                        How old r kids?

                        Could be longer because needs of children

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                        • #13
                          Hi ifonlyihadknown ,

                          There are not ready for an end date but they wanted to review it in 2.6 years for 6 years marriage but my concern is my ex is deliberately not working more than the basic salary and I'm wondering how long will I pay as the divorcemate calculation says from 3.25 years to 14 years.

                          I'm also paying in mid range and 1 year is completed so no idea as whether to go for trial or agree to 2.6 years review and then go back to to the court for an end date?

                          KKC,

                          My son is 6 years old and i'm paying the full child support and my ex took off from the place where she lived and moved to another city which 75 kms from my place and there are not in a position to give my son for long weekends, summer vacation etc holidays and I offered to settle but my ex is not willing to settle and she wants to have my son every 2 weekend only. No mid week and no holidays so wondering whether to take the spousal support along with the child for trial . Your thoughts will be highly appreciated.

                          Note : No notice was provided by my ex while moving and the status quota is not yet established.

                          Regards

                          SSHAN

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                          • #14
                            My thoughts...her moving away like that was horseshit
                            I'm sorry that happened

                            I would try to settle fast of the other side has any sense of reasonableness

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                            • #15
                              Originally posted by sshan View Post
                              Hi ifonlyihadknown ,
                              I'm wondering how long will I pay as the divorcemate calculation says from 3.25 years to 14 years.
                              Have you read the SSAG? If you haven't, you should.

                              7.5 The Formula for Duration
                              As with amount, duration under the without child support formula increases with the length of marriage. Subject to the provisions for indefinite support (duration not specified), the formula generates ranges for duration with the ends of the ranges determined as follows:
                              • a minimum duration of half the length of the marriage and
                              • a maximum duration of the length of the marriage.


                              All the more reason, if you haven't already, to get some independent legal advice. A good family lawyer should be able to give you a ballpark idea of how things are likely to shake out.

                              Comment

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