Alimony

What is the name of your state? Tenn.
Getting Divorced after 13 years. We have 2 children. One child 11 years old will live with me and the 6 year old to live with her mom. We are trying to use the same lawyer to get this done quick and uncontested. My wife wants child support and alimony( because she has a bladder disorder and does not want to work) actually hasn't really wanted to work for most of our marriage and when she did she pretty much spent it on herself. I have no problem with some sort of temporary rehabilitative support but for how long is fair. As for childs support should she have to pay me if she gets a job for the daughter I will be raising. Last thing is the house; we have about 40,000 dollars in equity in the house how long should we wait to sell it, she wants to stay in it one more year and I want to sell to get on with my life. Should she just buy me out .

Thanks for any assistance!!!

[djohnson]

There is no exact answers to these. My advice would be get a different attorney to only represent your interests and fight for what you think is fair. If he is her attorney and just helping you to then you are in trouble. Typically if each of you take a child then child support will either be waived or a lesser amount awarded to offset difference in pay. Does she not want to work and actually disabled and not allowed to work? that will make a difference. If you are already disagreeing then you need your own representation. It may cost you more now but it will save you in the long run. As for the house that is up to what you either agree to or is awarded. I think a year would be too much especially if you are taking a child also. Propose she let you stay there a year instead. I think you need your own attorney.

If alimony is awarded it can be in the following methods:

Permanent
When the one who receives the alimony either dies, or remarries alimony is stopped. Some settlements do have provisions if the ex is living with another person.

Lump sum
When one large payment is made to the ex, based on future payments and lifestyles so that monthly payments are not needed.

Temporary
This is when one party is going to make a payment for a certain amount of time, for a few months or years as court ordered.

Rehabilitative
This is the most common, where payments are made to the ex until they become self-sufficient or have completed their education. This is an extended version of temporary.

More details can be found here:
[url]http://www.justiceforyall.com/docs/alimony.asp[/url]

Also remember, in Tennessee, if your ex lives with a third-party while receiving alimony, you can recoup that amount paid (a percentage of it) while she lives with this person as the court has ruled the third party to be contributing to the living standard of the ex.

As for the same attorney, NO!

As for the home, I would suggest that if she wants you to agree, that she pay your 1/2 of the mortgage payment for that year with full faith and credit given at time of sale.