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Old 03-22-2016, 02:00 PM
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Originally Posted by hdc1894 View Post
Thanks all. This is certainly proving to be a very complicated issue. I have attached here a link I found that discusses lump sum spousal support and how they are discounted.
It was an interesting read, thanks for the link!

I didn't see the 30% figure as a discount for negative contingencies. There seemed to be a range from 25% to 50% as a discount for negative contingencies. Personally, if I was a recipient, I think I would roll the dice, 30% seems like a huge discount.

A lot depends on how likely I would think it would be the payor would either leave the country or become unemployed.

STBX (very liberating to call her that!) has talked to a lawyer now who told her that based on length of marriage, SS at a mid range is her right.
Yes and no.

As posters here will be quick to point out, SSAG are just guidelines, not mandatory.

However, negotiations happen under the shadow of the case law, and the case law right now generally awards midpoint spousal in your situation. So negotiate, but recognize that her lawyer is telling your STBX that she can go to court and get midpoint. Your deal has to be in the range where going to court is not worthwhile for her.

Not sure where this is going now as discussions have now moved from "what is best for our child" and "fairness" to this current state.
Yeah, that usually happens when people go to the lawyers.

I guess my next step is figuring out how much lawyering up will probably cost us if there will be a fight versus negotiating this out of court and away from lawyers. Wish me luck.
The problem is that lawyering up probably doesn't save you much money. The legal default is midpoint periodic spousal, and based on what you have said in this forum, you haven't provided much of a basis to deviate from that default.
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