Ex who chooses to not work sells house

[Kkc]

Everyone stay safe

So stbx bought a house with her step dad after the matrimonial home sold (all fund were in trust).

Her income is 0..let's not go there.

She is either selling or going to rent said house as she is moving into her parents old house.

Let's ignore the whole covid and her chances of selling.

So if she makes a profit on that house, would you raise a stink because if she makes a significant gain on the house why should I be paying her half my income.

If she rents the house I think we can easily argue rental income.

Also, if she is moving into her parents old house and is living there mortgage free shouldn't her "need" be much less?

Thx guys...please stay home, I assessed 90 people yesterday most of them distance..but those few who don't will make this worse

[backinthesaddle]

The income would be minimal. Each owner claims 50% on their taxes. I have a rental and annually my costs are a little less than my gains. By the time I add up taxes, interest, insurance and write offs I am adding only $2500 to my annual income. My ex doesn't work but has a cottage worth half a million that he could rent out. If it was going to be an issue my lawyer was going to suggest that he could rent it out for income. Didn't come to that but that is what she was going to propose since he did have opportunity to make an income. If she sells the house for a profit, capital gains are applied and would be income for that year X .50 since she is half owner. At this point it would be minimal. What is in your agreement for spousal support? Many people buy homes post divorce and nothing changes in SS. I have a friend who has purchased 3 homes and a cottage post divorce and her SS was $3k for 5 years. Establishing need isn't part of the threshold for SS and there are other factors involved.My ex wanted SS despite the fact I stayed home with kids and my career suffered but since separating I have done well. His assets double what I have and he was going to get 2500 a month from me. I ended up giving him more in assets to save the hassle of going to court. If she isn't working and there are no kids why isn't minimum wage imputed at the very least?

[Kkc]

Thx.for reply

Essentially our separate agreement is 1 page long. Basically she tried the whole he's violent and dangerous thing and did an ex parte motion. When her lawyer realized that would not work we had a temp nesting agreement. That lasted 6 months till house sold. It's been extremely slow process especially with covid now. At time of separation...both kids are in school full-time. I have had them every weekend.

She had an active nurse liscence at time of separation. In Feb 2019 she wrote in an affadavit that she needs time to renew her skills (she had not seen a patient in years and was doing odds and ends for my medical practice). She also wrote that there are no jobs in our area (that day google yielded 100 jobs on search. For 2020, she downgraded to the non practicing class meaning she could not work as a nurse. My argument is that by her making the "I need to renew my skills" and having a whole year to do so and every weekend available yet did not attempt to do so, it is deliberate undee employment bc now she cannot work as a nurse. I am not sure how long of a free pass she will get bc I understand Imputting income is a trial/post trial thing. Her last actual job was her moms assistance at her parents company in 2017 (date of separation was Sept 1 2018...3 weeks aftery brother is diagnosed with what would be terminal cancer...and again she tried an ex parte motion)

Luckily marriage was under 6nyears...but I'm a doctor so that will not help. On equalization she owes me 130k, our initial nesting agreement was based on accounting of monies spent and she went hogwild and overspent by 25k and turns our I have overpaid support by 2500 a month. So I'm up roughly 185k..our matrimonkal house proceeds has 130k in trust each left. I'd want to leverage that 185k towards a lump sum. Who knows she's lazy and vindictive though.

That's my story

[backinthesaddle]

Separation Agreement

Is this separation agreement completed by lawyers and signed? Most agreements are over 25 pages long. Lots of legal jargon on paper but you must address finances, properties, support, custody and the little BS stuff that you may need further on down the line since your kids are so small. ie who gets them march break if you can't agree. We have 2-2-3 schedule and we alternate years for march break, christmas etc if we don't have another mutually agreed arrangement. My ex finds parenting too hard so I get them whenever I want if I am off extra days or holidays. Are those numbers your numbers or documented with your lawyer and both of you have agreed on those calculations? My ex and I argued it out over 7 months with lawyers and finally agreed. It is a numbers game. I guess you have to listen to the lawyer about spousal and child support. No getting around it but you may be able to sort the SS with equalization. A Let's Make a Deal kind of strategy. The longer you go on though, the more you pay a lawyer. You are very lucky it lasted only 6 years. You will pay SS but don't worry about her getting a job or not. That is her worry. Don't dwell on it. SS isn't based on her need. It's a range (low mid high) for a given amount of time. She has kids full time basically so that is where your money will go and that is a given unless you want them 50/50. I am sure you have done the calculations to see what your monthly payment is to her with spousal and child support. Being a full time mom all week and having weekends off isn't all that much time to increase her skill set. She can't work anywhere anyway without having to pay a babysitter for morning and after school care. Working 9-2 doesn't pay the bills and the daycare would be your issue too to pay on top of child support. A nurse in an office doesn't pay much and a nurse in the hospital would involve shift work. I am a shift worker and it is hell to do and raise kids. You probably are too (Dr. working shifts perhaps) and could you imagine staying up all night and then next day a child is sick or its a snow day and you must stay up and go into work the next night on 4-5 hours of broken sleep. It's unhealthy and dangerous. My advice is to agree on equalization amounts and work from there and realize you will have to pay one way or another for 3-4 years and another 20 for the kids.

[Kkc]

Thx for reply

It is short because as I said she she tried to kick me out of house with emergency motion so this was a bandaid. It is all interim non prejudice. I was worried that would not be respected but they are.

A nurse can totally retrain on weekends. That's when all the courses usually are. I do want at least 5050.
I don't care if she works or not just imputted income. Ss will be 5 to 10 because I'm a doctor. As she has told my 7 year old she would only be with dad every other weekend her motivation is money.

I am expecting her to totally crash as time goes on and I'd get kids anyways. All the other details with separation agreement will come later.

It's an ass backwards scenario

[Kkc]

I am 9 to 4 everyday

School is 9 to 330. My parents live down the road from me so would like watch them before and after for the bus.

When the kids were sick I was always the one who stayed up late with them and would work on no sleep.
I as well want a 2 2 3. This will to on for a long time.

Before covid I had asked her if I could take a Thursday from her so I could take the kids to Florida for my cousins wedding. Her response was basically calling me an asshole.

Lots of legal bills later..we had a deal...then covid.
She goes out of her way to exclude me from anything she can.
She is brainwashing my oldest to not come with me.
Her mom did that to her in the early 90s when father's had no rights so she is playing that strategy which will never work.

[lorely]

It's about a deal making in everything. I am a dentist and I have learned it my own way. If I would be able to turn back time I would do it totally differently.
One thing I can say, save your money and sit and negotiate. She can play many games as well as you. During divorce many people change and say many things that are totally far away from reality. My ex claimed that he gave up to part-time jobs to stay with the kids so I can study (big BS he could not keep up a job and I worked full-time, had the mother-in-law and my mother to babysit), he claimed that he took care of kids day and night (BS after divorce he was asking me where he can find the Advil in the pharmacy and how he should administer it). Bottom line I learned the sooner I have a settlement the sooner I can find my peace of mind. Find the right lawyer that knows.
You are a professional, do your homework, I read lots of cases and picked my battles.