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spousal support

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mickeyfoster

Guest
My friend has to pay 1/3 of his paycheck to his soon to be ex who refuses to get a full-time job. She gets state supplemental income. (They have joint custody of their only child). He pays her medical insurance, and he has paid for all of their bills from the marriage except for 1 that he is still making the payments on. How can any judge in the world, much less the state of Virginia, allow for any person (female/male)to be so lazy to not enforce a full time working environment and to not EXPECT to be handed some one else's paycheck that they are getting honestly? What is the formula that is used for computing spousal support?


Thanks

Mickey

PS. The only reason why she is even getting spousal support is because he could not take her crap anymore and he left. There had been problems in the marriage for years.

 


LegalBeagle

Senior Member
mickeyfoster said:
My friend has to pay 1/3 of his paycheck to his soon to be ex who refuses to get a full-time job. She gets state supplemental income. (They have joint custody of their only child). He pays her medical insurance, and he has paid for all of their bills from the marriage except for 1 that he is still making the payments on. How can any judge in the world, much less the state of Virginia, allow for any person (female/male)to be so lazy to not enforce a full time working environment and to not EXPECT to be handed some one else's paycheck that they are getting honestly? What is the formula that is used for computing spousal support?

Is the child in school or daycare ? Are all these payments court ordered ?
 
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mickeyfoster

Guest
The child is currently at a babysitter's. The father is trying to get the child enrolled into a certified daycare. Yes the spousal payment is court ordered. They were just in court last week. (The first time they went the order was $75.00 a week for spousal and $75.00 a week for child, then last week it jumped to $125.00 a week for spousal and she has to pay him $25.00 a week in child). The state supplemental that she gets is because the child has asthma and "supposedly" no one else can tend to his needs, but the child is not on regular medication or any special equipment, therefore, anyone can take care of him. By the way, the child is 3 years old. The medical insurance that he is paying on her is required by law (supposedly) until they are legally divorced. The bills that he paid, were on his own responsibility. No court order was ever done. Because his name was on them and he knew that she would never pay them.
 
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sassykitten74

Guest
I'm from VA also and your friend's situation sounds alot like my fiance's. His almost ex-bitch had a job making as much as he does but convienately quit it right before their child support hearing. She's now working part time making $6 bucks an hour. No allimony was ordered but my fiance has his kids more often then the bitch does so the fact that he has to pay her cs because shes a lazy piece of crap is ridiculous. He also took on all of thier marital bills becasue he knew she wouldnt pay them. He's still paying on furniture she has in her home!! He also pays her health insurance and he bought her a car and pays her car insurance becasue the car is still in his name and he knows shes too irresponsible to get insurance herself.
 
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LadyBlu

Guest
sassykitten74 said:
I'm from VA also and your friend's situation sounds alot like my fiance's. His almost ex-bitch had a job making as much as he does but convienately quit it right before their child support hearing. She's now working part time making $6 bucks an hour. No allimony was ordered but my fiance has his kids more often then the bitch does so the fact that he has to pay her cs because shes a lazy piece of crap is ridiculous. He also took on all of thier marital bills becasue he knew she wouldnt pay them. He's still paying on furniture she has in her home!! He also pays her health insurance and he bought her a car and pays her car insurance becasue the car is still in his name and he knows shes too irresponsible to get insurance herself.
http://smilecwm.tripod.com/fk/tiger.gif
MEEEEEEEOOOOOOOOWWWWWWWWWW, did the claws finally come out? :)


Showing your true colors, just as we had predicted..
http://smilecwm.tripod.com/ruinkai/biglaugha.gif
You are just a mean and spiteful wanna be mommy.. who cannot stand the idea that your boyfriend is spending money on his kids that you feel should be on you...
http://smilecwm.tripod.com/ruinkai/flipa.gif
Waaaaa Waaaaaa....
 

LegalBeagle

Senior Member
sassykitten74 said:
I'm from VA also and your friend's situation sounds alot like my fiance's. His almost ex-bitch had a job making as much as he does but convienately quit it right before their child support hearing. She's now working part time making $6 bucks an hour. No allimony was ordered but my fiance has his kids more often then the bitch does so the fact that he has to pay her cs because shes a lazy piece of crap is ridiculous. He also took on all of thier marital bills becasue he knew she wouldnt pay them. He's still paying on furniture she has in her home!! He also pays her health insurance and he bought her a car and pays her car insurance becasue the car is still in his name and he knows shes too irresponsible to get insurance herself.
You really should think about leaving this guy and finding yourself a nice single guy with no children. It would be in everyones best interest. Are you also upset because he brought her a car ? Has he brought you one ? Do you have nice furniture ? If this is all court ordered, then he is stupid and should have spent the money on an attorney. Quitting a job before a CS hearing would make NO difference to the outcome.. he could have screwed her on that.. oh, he did screw her, are you upset about that too ?
 
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sassykitten74

Guest
you all are sorry ass dumb ****ing bitches. I surely to god hope you are not actual attorneys because you are the most unprofessional pieces of crap I have ever seen.
 
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mickeyfoster

Guest
How about the advise that I was suppose to get from MY question?
 

LegalBeagle

Senior Member
mickeyfoster said:
How about the advise that I was suppose to get from MY question?
Sorry Mickey, sometimes we have really bitter people who litter our boards with their hate.

Anyway.. since she is paying you 25 a week, does this mean you have custody of the child ? Most times, if you can show that she is making NO effort to find a job or better herself, a judge will reduce or cancel the support. When is the trial date for the divorce ? How long were they married ?
 
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mickeyfoster

Guest
She is paying her husband (my friend) but they have joint custody. They have not filed for divorce yet, right now with everything that my friend has to pay out to her he is becoming financially unstable. They were married for 6 years. How can you SHOW that she is not making any effort to support herself?
 

LegalBeagle

Senior Member
mickeyfoster said:
She is paying her husband (my friend) but they have joint custody. They have not filed for divorce yet, right now with everything that my friend has to pay out to her he is becoming financially unstable. They were married for 6 years. How can you SHOW that she is not making any effort to support herself?
Why has he not filed for divorce ? I know about the joint custody.. but who is listed as being the primary physical custodian ?

Withing Spousal support there is part for..

"The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;"

He needs to list her education, skills and experience. Then buy a few local papers and highlight the many jobs she could apply for. Then, when she is next in court, ask her how many jobs she has applied for recently and to provide company names/addresses etc..


 
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mickeyfoster

Guest
He has not filed for a divorce due to the money situation. A lawyer for handling a divorce charges $1500.00 and up and that's if everything goes smoothly. No one is listed as primary. The judge say it's just joint with him having the child more days than the mother.
 
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wolfofmine

Guest
Spousal Support

I just have to put my two cents worth in here. There is nothing remotely fair and/or equitable about the spousal support laws. When my ex went to court and got a decree of seperate maintanence, I was in bankruptcy, and had just been laid off from the present job. I had no money, no assets, and was also paying the IRS a monthly payment to cover an income tax bill, that incurred because my ex without my knowledge, without my signature, and without my permission, took 4000.00 dollars of a retirement check That I recieved from my former employer, check was for 8000.00 dollars for 17 years of service. Then she had our income taxes done and they stuck me with the entire tax bill for 10,000.00. So she got 4000.00 tax free and I got a bill from the IRS and from the state for over 3400.
They went to court, and because I was in bankruptcy, I did not have the means to get to the hearing, as I was living 1000 miles away at the time. My ex and her lawyer never even said anything about my financial situation and I was never asked to provide an earnings statement. But they were free to go into court and ask for whatever they wanted. Because I was not asked to provide a statement, the Judge based the alimony on my "potential for Income" and not on my actual salary. If I could have affored a lawyer at the time I would certainly have hired one. Any way the Judge ordered me to pay alimony to her for more than my salary was for the year.
To add insult to injury, she was making more money than I was, so much for the ability to pay consideration...Huh?
It seems that a few states still take "fault" into consideration for the purposes of alimony and property settlement. I was the one who left after 25 years of marriage, and helping to raise two kids, and both of us working in order to get a decent income, so for that reason, the judge ordered me to pay alimony, and joint debts, and sign away the deed to the house and pay All of her lawyer fees, and had me sign away any and all rights to her pension and profit sharing.
These things seemed to me to be excessive, I still believe that she is in contempt of her own order, because she took half of my retirement but I had to sign away my rights to hers. I was also told after the fact, that the Judge overstepped his bounds when he ordered me to pay joint debt while I was in bankruptcy. Alimony and child support are not dischargable in bankruptcy, but joint debt is.
There is nothing remotely fair about having to supplement someones income who makes more than you do, to "keep the other party in the accustomed standard of living".
This is one of the most biased and unfair laws ever written.
If we were married for 25 years and had the same kind of education and work history, then why should her income get supplemented? What this amounts to is LEGAL EXTORTION!
Punishment for being "wrong" in the eyes of the Judge.
I was under the impression that Americans have certain constitutional rights that cant be violated by the court system , or Judges or Lawyers. I was seriously mistaken.
 

LegalBeagle

Senior Member
Re: Spousal Support

wolfofmine said:
I was under the impression that Americans have certain constitutional rights that cant be violated by the court system , or Judges or Lawyers. I was seriously mistaken.
The problem with the court system is that it is all about money. If you HAD money you would have had an attorney present.. if the decision still went as described, you could have had it overturned on appeal... but, you need money to protect yourself.
 
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wolfofmine

Guest
Exactly!

Yep, Legal, The divorce industry in this country has been estimated as being around 96 billion a year. If you have money you can get anything you want from the courts. It amazes me, at the lack of professional ethics and the complete disregard that some lawyers and Judges exhibit in court rooms. I have never been able to understand the spousal support laws. I guess it is because I have never taken charity from anyone or unemployment benefits and I find the concept a little bit sickening.I also find the concept of subsidizing anyones income at the expense of another to be socialistic and should not be allowed in a capitalistic country. It is to close to taxation without representation. (if you know what I mean).
What I find harder than anything else to understand, is the attitude of the legal community when asked questions of why something like this is allowed to go on. It seems that if you ask questions and state opinions, the legal community
gets very defensive and the first thing that comes out is,its not the fault of the lawyers and Judges its YOUR fault for not fighting for your rights. Without fail that has been the opinion of everyone I have talked to in the court system, but for some reason, they forget or discount the fact that I had no money, and no assets, and to use the proBono crap, you have to live in the state where the so-called hearings are being held. Its certainly not taken
into consideration that YOU HAVE NO MONEY!
There is one other factor here that I find very interesting, and that is, that the state where the hearing took place, has two methods of payment of alimony. One method is direct to the recepient, and the other is through the county clerks office. Now most of the alimony payments go through the clerks office and they would have you believe that this is so they can monitor the court ordered payments. But in looking at the small print in their instructions sheet, there is a tiny statement that at my age is very difficult to read, that says that the county clerks office will charge you a 3% surcharge on alimony payments. Supposedly, this is to cover the cost of administration. Now I ask you....who is kidding who here??
Lets see....humm, if I paid 500.00 a month, for 12 months of the year, for the rest of my ex's life (or until some poor SOB marries her), I wonder how much money the clerk and the county is making off me???? And oh yea, there are probably quite a few payments coming in to this office, seems to be a very lucrative business they have going there.
If it was my business, I think I would be looking for all the alimony money I could get....wouldn't you?
So when the members of the legal community get on their self-rightous high horses, about how our is the best system in the world. And it may have some flaws but it does work, and if you have a bad experience with the system, it is usually because you didnt stand up for your rights, and hire a good attorney ( and there is the key to what they are saying, HIRE, a good attorney), I simply dont buy it.
The system was designed to protect EVERY americans constitutional rights. And Judges are charged with making sure those rights are NOT VIOLATED in a court of law.
The saying that comes to mind here is " When the rights of one citizen are violated, ALL citizens should be offended".
That saying is as important today as it was in 1776.

 

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