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Alimony and fault (waste) clause

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Brknpickrenvy

Junior Member
What is the name of your state (only U.S. law)?Nevada
I was sent here by another forum because it's a legal issue and not a tactics and strategy matter.
Me 51 w no mutual kids in home
76K - 900 mo prev child support (CS)
Under 5 yr marr filed 1/15/16
Purchased home 4/2016
Borrowed 20k my TSP
Her name on title (NV Law)
Me pay 100% mortgage and bills (exception electric and food-do pay some household food etc.- kept receipts
Home bought 206,000 inc closing cost, now est 224,000
Me TSP and FERS.
Me 30k CC debt from <5yrs making up deficit of her not paying elect and food, maintaining lifestyle {I know not good stewardship on my part:-( I have receipts and statements showing these payments food (electric and previously agreed cable bill before switched over to electric when she could not pay ?gambling?)

Her 51 w 1 17yoa son (17S)
42K gross self emp + minimal (some (for 17S CS for two years and continuing, mostly not being used for helping w household)
Waste claim by me (Gambling not contributing equal or equitable)
Provided me docs showing 70K deposits in account (provided photocopy to my atty)
Have digital recording (her stating that 70k includes me winning 600 or so here or there and depositing in my account)
Her using one bank so statements should be easily attainable if not required by court.
Her spent est 1k on home upgrades + her and some of my labor

Her previous to marriage paying 500 mo 2 bdrm apt w son, gambling, drinking etc.
Me 2bdrm 900 mo attempting to get custody of son in AZ. No drinking gambling etc.

How does this shake out. I am not moving, she saying she if not staying together then wants me to move out, her wanting to stay in house for one more year until son graduates or moves out, then her selling house. I want to stay in house, her move out w son, which she can afford, and me get custody at least half or summer custody of my son in AZ (6 yoa). I offered verbally to take all the debt including 20k loan and cc debt if she just walks away. Of course she is due TSP FERS and equity but should not be more than debt and loan against home (TSP).

I guess it is really two questions; division of assets and alimony. Neither of us have joint accounts and I pay her car insurance and have her and her son on my health insurance.
Additionally her son is smoking pot in and around house when we are not here(have photo) and has punched two holes in walls in his room. Mom not doing anything).
 
Last edited:


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)?Nevada
I was sent here by another forum because it's a legal issue and not a tactics and strategy matter.
Me 51 w no mutual kids in home
76K - 900 mo prev child support (CS)
Under 5 yr marr filed 1/15/16
Purchased home 4/2016
Borrowed 20k my TSP
Her name on title (NV Law)
Me pay 100% mortgage and bills (exception electric and food-do pay some household food etc.- kept receipts)
Me TSP and FERS.
Me 30k CC debt from <5yrs making up deficit of her not paying elect and food, maintaining lifestyle {I know not good stewardship on my part:-( I have receipts and statements showing these payments food (electric and previously agreed cable bill before switched over to cable when she could not pay ?gambling?)

Her 51 w 1 17yoa son (17S)
42K gross self emp + minimal (some (for 17S CS for two years and continuing, mostly not being used for helping w household)
Waste claim by me (Gambling not contributing equal or equitable)
Provided me docs showing 70K deposits in account (provided photocopy to my atty)
Have digital recording (her stating that 70k includes me winning 600 or so here or there and depositing in my account)
Her using one bank so statements should be easily attainable if not required by court.
Her spent est 1k on home upgrades + her and some of my labor

Her previous to marriage paying 500 mo 2 bdrm apt w son, gambling, drinking etc.
Me 2bdrm 900 mo attempting to get custody of son in AZ. No drinking gambling etc.

How does this shake out. I am not moving, she saying she if not staying together then wants me to move out, her wanting to stay in house for one more year until son graduates or moves out, then her selling house. I want to stay in house, her move out w son, which she can afford, and me get custody at least half or summer custody of my son in AZ (6 yoa). I offered verbally to take all the debt including 20k loan and cc debt if she just walks away. Of course she is due TSP FERS and equity but should not be more than debt and loan against home (TSP).

I guess it is really two questions; division of assets and alimony. Neither of us have joint accounts and I pay her car insurance and have her and her son on my health insurance.
Additionally her son is smoking pot in and around house when we are not here(have photo) and has punched two holes in walls in his room. Mom not doing anything).
You have an attorney - we cannot and will not second guess your attorney. Ask your attorney.
 

OHRoadwarrior

Senior Member
If the home is jointly titled, you both have rights to live there. Separate bank accounts so you can save money and pay off debts. Cut her from your credit cards, make her get her own. Either is free to move at any time. You should asses whether she or son will intentionally cause themselves self harm, them call police claiming you guilty of domestic violence against them. Court will make final decision on home and assets if you both cannot jointly agree.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)?Nevada
I was sent here by another forum because it's a legal issue and not a tactics and strategy matter.
Me 51 w no mutual kids in home
76K - 900 mo prev child support (CS)
Under 5 yr marr filed 1/15/16
Purchased home 4/2016
Borrowed 20k my TSP
Her name on title (NV Law)
Me pay 100% mortgage and bills (exception electric and food-do pay some household food etc.- kept receipts)
Me TSP and FERS.
Me 30k CC debt from <5yrs making up deficit of her not paying elect and food, maintaining lifestyle {I know not good stewardship on my part:-( I have receipts and statements showing these payments food (electric and previously agreed cable bill before switched over to cable when she could not pay ?gambling?)

Her 51 w 1 17yoa son (17S)
42K gross self emp + minimal (some (for 17S CS for two years and continuing, mostly not being used for helping w household)
Waste claim by me (Gambling not contributing equal or equitable)
Provided me docs showing 70K deposits in account (provided photocopy to my atty)
Have digital recording (her stating that 70k includes me winning 600 or so here or there and depositing in my account)
Her using one bank so statements should be easily attainable if not required by court.
Her spent est 1k on home upgrades + her and some of my labor

Her previous to marriage paying 500 mo 2 bdrm apt w son, gambling, drinking etc.
Me 2bdrm 900 mo attempting to get custody of son in AZ. No drinking gambling etc.

How does this shake out. I am not moving, she saying she if not staying together then wants me to move out, her wanting to stay in house for one more year until son graduates or moves out, then her selling house. I want to stay in house, her move out w son, which she can afford, and me get custody at least half or summer custody of my son in AZ (6 yoa). I offered verbally to take all the debt including 20k loan and cc debt if she just walks away. Of course she is due TSP FERS and equity but should not be more than debt and loan against home (TSP).

I guess it is really two questions; division of assets and alimony. Neither of us have joint accounts and I pay her car insurance and have her and her son on my health insurance.
Additionally her son is smoking pot in and around house when we are not here(have photo) and has punched two holes in walls in his room. Mom not doing anything).
She is responsible for 1/2 of the marital debt and entitled to 1/2 of the marital assets. If you keep the home then the debt associated with the home is all on you. If that 20k loan was for the down payment on the house and you keep the house that debt is yours. Any debt related to your car is yours and her car is hers. She may be entitled to some short term alimony as there is a big difference in your respective incomes.

If she is self employed her gross does not count, only her net (after expenses) counts.
 

Brknpickrenvy

Junior Member
If the home is jointly titled, you both have rights to live there. Separate bank accounts so you can save money and pay off debts. Cut her from your credit cards, make her get her own. Either is free to move at any time. You should asses whether she or son will intentionally cause themselves self harm, them call police claiming you guilty of domestic violence against them. Court will make final decision on home and assets if you both cannot jointly agree.

Thank you. Replying to to post at once if that is ok?
I am not trying to contradict atty just humbly getting opinions. Looking for opinion or precedents on what the court may rule.

We have no joint bank accounts and credit cards are in my name only as the gambling and drinking were a red flag I ignored from the start. I really don't have a lot of spare moneys to pay off cards or debt while paying all of the bills.
I also have had 2 DV incidents against her (PD did nothing) and another incident where PD responded to her hitting me in public and nothing done. I moved out briefly and incurred about 1k in expenses before moving back in (since I was paying the rent and bills) and foolishly did not put TPO in to effect when in front of judge. Tried to make it work but even with no DV occurring now it is time to move on (about time right). She does not like the PD and 99.99 % sure she will not do the DV thing against me. I am audio recording most conversation at home in my room where I mainly stay and taking precautions. Thought about doing a preemptive exclusive rights thing but can't see where that would work with her son here.

I may also agree to (if I get sole ownership, letting her rent from me or in lieu of any assets or judgment against me, letting her and son stay until he graduates and turns 18. We living in separate rooms. She sober now but still seeing evidence of gambling. This will also be evident on her bank account statements (withdrawals and deposits at casino ATMs). She gets paid in some in cash and tips too so this will be tough to assess, but she rarely stops playing once cash on hand is gone and gets more money out from ATM to play more.
I also (not being greedy but maybe shooting high and accepting compromise) think that I should go after her for not contributing to the whole pie (waste) and yet her wanting half of the pie (equal versus equitable). Not very versed legally but want to make informed decisions and manage atty and make sure that we (atty and me) are taking this case in the right direction if that makes sense? I want to be able to tell if atty is just doing minimum and not going 100% for the max for me. I appreciate any and all options or opinions given here and will only treat them as opinions.

I really cant afford to let her have the place as I will still owe loan and she cant afford to buy me out.
 

Brknpickrenvy

Junior Member
She is responsible for 1/2 of the marital debt and entitled to 1/2 of the marital assets. If you keep the home then the debt associated with the home is all on you. If that 20k loan was for the down payment on the house and you keep the house that debt is yours. Any debt related to your car is yours and her car is hers. She may be entitled to some short term alimony as there is a big difference in your respective incomes.

If she is self employed her gross does not count, only her net (after expenses) counts.
Thank you. Replying to two post at once if that is ok?
I am not trying to contradict atty just humbly getting opinions. Looking for opinion or precedents on what the court may rule.

We have no joint bank accounts and credit cards are in my name only as the gambling and drinking were a red flag I ignored from the start. I really don't have a lot of spare moneys to pay off cards or debt while paying all of the bills.
I also have had 2 DV incidents against her (PD did nothing) and another incident where PD responded to her hitting me in public and nothing done. I moved out briefly and incurred about 1k in expenses before moving back in (since I was paying the rent and bills) and foolishly did not put TPO in to effect when in front of judge. Tried to make it work but even with no DV occurring now it is time to move on (about time right). She does not like the PD and 99.99 % sure she will not do the DV thing against me. I am audio recording most conversation at home in my room where I mainly stay and taking precautions. Thought about doing a preemptive exclusive rights thing but can't see where that would work with her son here.

I may also agree to (if I get sole ownership, letting her rent from me or in lieu of any assets or judgment against me, letting her and son stay until he graduates and turns 18. We living in separate rooms. She sober now but still seeing evidence of gambling. This will also be evident on her bank account statements (withdrawals and deposits at casino ATMs). She gets paid in some in cash and tips too so this will be tough to assess, but she rarely stops playing once cash on hand is gone and gets more money out from ATM to play more.
I also (not being greedy but maybe shooting high and accepting compromise) think that I should go after her for not contributing to the whole pie (waste) and yet her wanting half of the pie (equal versus equitable). Not very versed legally but want to make informed decisions and manage atty and make sure that we (atty and me) are taking this case in the right direction if that makes sense? I want to be able to tell if atty is just doing minimum and not going 100% for the max for me. I appreciate any and all options or opinions given here and will only treat them as opinions.

I really cant afford to let her have the place as I will still owe loan and she cant afford to buy me out.
 

Brknpickrenvy

Junior Member
She is responsible for 1/2 of the marital debt and entitled to 1/2 of the marital assets. If you keep the home then the debt associated with the home is all on you. If that 20k loan was for the down payment on the house and you keep the house that debt is yours. Any debt related to your car is yours and her car is hers. She may be entitled to some short term alimony as there is a big difference in your respective incomes.

If she is self employed her gross does not count, only her net (after expenses) counts.
Thanks again everyone as I REALLY appreciate your opinions.

Will my net income after CS and cost come into play or just straight income (gross) versus her net?
Do you guys and gals know which Spousal Support (SS) method or state calculator (AAML, Ginsburg, Mass etc.) closely compares to the NV guidelines, or a good online calculator in your opinions?
 

Proserpina

Senior Member
No, really - this is something you need to ask your attorney.

We cannot and will not second-guess your attorney; it would be irresponsible of us to do so. Do you understand?
 

Brknpickrenvy

Junior Member
No, really - this is something you need to ask your attorney.

We cannot and will not second-guess your attorney; it would be irresponsible of us to do so. Do you understand?
Yes I understand. Any opinions on Spousal Support Calculators close too or similar to Nevada?

Thanks again as I have enjoyed you posts Proserpina. I hesitated on stating that I had an attorney but do appreciate your frankness.
 

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