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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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  #31  
Old 03-28-2006, 10:22 AM
Decent Dad Decent Dad is offline
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Quote:
Originally Posted by gooddadgoingmad
You mentioned that your ex has stopped working? Was this by choice? Why would anyone just stop working? Ha! If there is no good reason then the judge will probably impute an income to her. I hope it goes well for you!
GDGM
She wants to be a stay at home mom. And she wants full daycare. And she only has the child 50% of the time. I'm losing my mind. I have only found one case where a mother's income was imputed (as oppossed to about every case a father's income is). Usually they do not impute income to the mother since under the law, she is staying home to care for the child. It will be in interesting court battle. I don't plan on winning, but I am up for a good fight.
  #32  
Old 03-28-2006, 10:26 AM
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Originally Posted by FPI
As for my ex filing for interim order for support, custody and access. She filed when she served me, if that’s the same think. Other than that she has not done anything. No motions or Court Orders.

What happens if my ex’s goes through the year without making any attempt to find a job, will this be questioned when we finally end up in court.
She filed her initial application (most likely sole custody, 80-90% access, child support and spousal support). Since that is basically the status quo, for custody and access anyway, she really does not need an interim motion for those issues.

As for the looking for work, well anything can happen. She will claim she is taking care of the children. She will then claim you have to support her for life. As those excuses run out, she will use new ones. Eventually she will have to do something and hopefully your spousal support will end to force the issue. But really, nothing surprises me.
  #33  
Old 03-28-2006, 11:05 AM
FPI FPI is offline
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Decent Dad, I guess there'e not much I can do but wait and see the outcome. I have not been paying any spousal support, the only think I have paid for the last year is child support. Will she be able to get retro from the time she left. Thier has been no motions for spousal support yet.
  #34  
Old 03-29-2006, 07:17 AM
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It is good that you are not paying SS. It shows she can live without it. I am not sure about retro SS, but anything goes in the Wally World of Family Law. So don't hold your breath. Even SS that is court order terminated, can get reactivated.
  #35  
Old 03-29-2006, 07:54 AM
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From what I remember FPI's wife is seeking spousal. Just because someone can live without it for a short amount of time doesn't mean there isn't the need. For instance - I have access to about 40 grand in credit( through cc and my credit line) hypothetically One can live on that quite nicely for a good year or more. Doesn't mean that I can live on it forever or that I am spending money I actually have
  #36  
Old 03-30-2006, 01:16 AM
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Jenny,
Yes your right my wife did ask for spousal isupport, when I was seved with seperation paper back in August 2005. She had waited 5 months before serving me. I still have not paid her any spousal support because there as been know court order or motion to that effect. However, once her Lawyer reponds to my lawyers last letter he may make a motion.
The think that kills me is she has had over a year to find employment and she still refuses to do so. I thought the law says both parents should be self sufficent, and both provide for the kids equally. I guess thats not the case here.
  #37  
Old 03-30-2006, 10:15 AM
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Personally I would hope for the best and expect the worst. Expect that you will have to pay back support from when she first asked for it.
  #38  
Old 03-31-2006, 02:04 PM
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Quote:
Originally Posted by Jenny
From what I remember FPI's wife is seeking spousal. Just because someone can live without it for a short amount of time doesn't mean there isn't the need.
I agree Jenny. I was just saying that as something I would definetly put in an affidavit and bring up in court. Any little bit helps. But also like I said, they reactivate SS after terminating it, so really, anything goes, and it usually goes for the worse.

My adivce, get the heck out of Dodge. The Bahamas look good right about now...
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