Alimony (Maintenance) Input

[jazz99]

What is the name of your state (only U.S. law)? Wisconsin

Married 24 years, my income is 100,000, hers is 37,000. She does have a college degree and is working full time, although not in the area of her degree. We do not have much for assets; my retirement account, about $28,000 of equity in home, a small Money Markey account (also about 28K). Two auto loans, one with 10K remaining, the other with 16k remaining, very minimal credit card debt also. Two minor children who we will split time with 50/50, no issues there. My lawyer does not seem to think I have any real "grounds" to negotiate in the way of how much Maintenance I will be paying. He is saying because of the long term marriage and the income disparity that really have no basis to contest much on this. I do not feel like simply being at the mercy of a judge regarding this. I feel she is reasonably self supporting already and her income can certainly go up. Any input for me on this? Is my best chance to negotiate with her so this is NOT at the whims of a judge? Maintenance seems like such a vague thing in Wisconsin. This "Mac Davis" calculator is apparently used, and the end result of that tool can vary dramatically based on how you input tax status/exemptions.

 

[LdiJ]

What is the name of your state (only U.S. law)? Wisconsin

Married 24 years, my income is 100,000, hers is 37,000. She does have a college degree and is working full time, although not in the area of her degree. We do not have much for assets; my retirement account, about $28,000 of equity in home, a small Money Markey account (also about 28K). Two auto loans, one with 10K remaining, the other with 16k remaining, very minimal credit card debt also. Two minor children who we will split time with 50/50, no issues there. My lawyer does not seem to think I have any real "grounds" to negotiate in the way of how much Maintenance I will be paying. He is saying because of the long term marriage and the income disparity that really have no basis to contest much on this. I do not feel like simply being at the mercy of a judge regarding this. I feel she is reasonably self supporting already and her income can certainly go up. Any input for me on this? Is my best chance to negotiate with her so this is NOT at the whims of a judge? Maintenance seems like such a vague thing in Wisconsin. This "Mac Davis" calculator is apparently used, and the end result of that tool can vary dramatically based on how you input tax status/exemptions.

You have an attorney and that is who you really should be listening to. Based on what you have said, I agree with your attorney.

 

[Isis1]

What is the name of your state (only U.S. law)? Wisconsin

Married 24 years, my income is 100,000, hers is 37,000. She does have a college degree and is working full time, although not in the area of her degree. We do not have much for assets; my retirement account, about $28,000 of equity in home, a small Money Markey account (also about 28K). Two auto loans, one with 10K remaining, the other with 16k remaining, very minimal credit card debt also. Two minor children who we will split time with 50/50, no issues there. My lawyer does not seem to think I have any real "grounds" to negotiate in the way of how much Maintenance I will be paying. He is saying because of the long term marriage and the income disparity that really have no basis to contest much on this. I do not feel like simply being at the mercy of a judge regarding this. I feel she is reasonably self supporting already and her income can certainly go up. Any input for me on this? Is my best chance to negotiate with her so this is NOT at the whims of a judge? Maintenance seems like such a vague thing in Wisconsin. This "Mac Davis" calculator is apparently used, and the end result of that tool can vary dramatically based on how you input tax status/exemptions.

your attorney would be correct. she/he doesn't think it's wise to contest it. especially when you want to base it on probability she can make more. because if YOU get to do that...then she can base it on YOUR probability to make more. so what the judge can rule on...is past history. and facts.

now if you want to make the effort to contest it...that's a personal decision. but your attorney knows your court climate better than i do.

 

[Proserpina]

What is the name of your state (only U.S. law)? Wisconsin

Married 24 years, my income is 100,000, hers is 37,000. She does have a college degree and is working full time, although not in the area of her degree. We do not have much for assets; my retirement account, about $28,000 of equity in home, a small Money Markey account (also about 28K). Two auto loans, one with 10K remaining, the other with 16k remaining, very minimal credit card debt also. Two minor children who we will split time with 50/50, no issues there. My lawyer does not seem to think I have any real "grounds" to negotiate in the way of how much Maintenance I will be paying. He is saying because of the long term marriage and the income disparity that really have no basis to contest much on this. I do not feel like simply being at the mercy of a judge regarding this. I feel she is reasonably self supporting already and her income can certainly go up. Any input for me on this? Is my best chance to negotiate with her so this is NOT at the whims of a judge? Maintenance seems like such a vague thing in Wisconsin. This "Mac Davis" calculator is apparently used, and the end result of that tool can vary dramatically based on how you input tax status/exemptions.

Your attorney knows the score. S/he is trying to prepare you for what is likely the inevitable.

Try this if you haven't already: http://wisconsinfamilylaw.info/tag/maintenance-calculator-in-wisconsin/

Then look at what seems to be a common method of calculation:

$100k - $37k = $63k. Divide $63k into 2, and you'll come up with $32k. See which one comes out better. If it's the formula I used, you might want to approach your attorney to consider it.

 

[Bali Hai]

What is the name of your state (only U.S. law)? Wisconsin

Married 24 years, my income is 100,000, hers is 37,000. She does have a college degree and is working full time, although not in the area of her degree. We do not have much for assets; my retirement account, about $28,000 of equity in home, a small Money Markey account (also about 28K). Two auto loans, one with 10K remaining, the other with 16k remaining, very minimal credit card debt also. Two minor children who we will split time with 50/50, no issues there. My lawyer does not seem to think I have any real "grounds" to negotiate in the way of how much Maintenance I will be paying. He is saying because of the long term marriage and the income disparity that really have no basis to contest much on this. I do not feel like simply being at the mercy of a judge regarding this. I feel she is reasonably self supporting already and her income can certainly go up. Any input for me on this? Is my best chance to negotiate with her so this is NOT at the whims of a judge? Maintenance seems like such a vague thing in Wisconsin. This "Mac Davis" calculator is apparently used, and the end result of that tool can vary dramatically based on how you input tax status/exemptions.

You didn't mention the value of your retirement account.

 

[ecmst12]

Not relevent to alimony calculation.

 

[LdiJ]

Not relevent to alimony calculation.

True, but relevant to property settlement.

 

[Proserpina]

True, but relevant to property settlement.

(Did I get the calculation thingies right?)

 

[Bali Hai]

Not relevent to alimony calculation.

OK, wife gets 1M of retirement account. Husband gets shafted. Just the way you want it.

 

[LdiJ]

(Did I get the calculation thingies right?)

Yep...you did.

 

[Bali Hai]

What is the name of your state (only U.S. law)? Wisconsin

Married 24 years, my income is 100,000, hers is 37,000. She does have a college degree and is working full time, although not in the area of her degree. We do not have much for assets; my retirement account, about $28,000 of equity in home, a small Money Markey account (also about 28K). Two auto loans, one with 10K remaining, the other with 16k remaining, very minimal credit card debt also. Two minor children who we will split time with 50/50, no issues there. My lawyer does not seem to think I have any real "grounds" to negotiate in the way of how much Maintenance I will be paying. He is saying because of the long term marriage and the income disparity that really have no basis to contest much on this. I do not feel like simply being at the mercy of a judge regarding this. I feel she is reasonably self supporting already and her income can certainly go up. Any input for me on this? Is my best chance to negotiate with her so this is NOT at the whims of a judge? Maintenance seems like such a vague thing in Wisconsin. This "Mac Davis" calculator is apparently used, and the end result of that tool can vary dramatically based on how you input tax status/exemptions.

Read your state statutes regarding any difference there may be if you agree to pay or let the judge decide. This makes a huge difference in my state.

Personally, I wouldn't agree to pay anything unless it was clearly and without question in my favor. Don't forget to get modification language in there in case you lose your job and to protect your assets if you do agree to pay.

Remember, the other party wants your money for as long as possible and even if your starving to death.

I also might add that the stupid Mac Davis calculator was designed by a judge on the premise that all divorced women are entitled to alimony, the question is how much. There are also other calculators floating around your state. Some judges use them and some judges don't.

If I were you, I would ignore those calculators.

Last edit: Paul Ryan sucks.

 

[jazz99]

Personally, I wouldn't agree to pay anything unless it was clearly and without question in my favor. Don't forget to get modification language in there in case you lose your job and to protect your assets if you do agree to pay.

Remember, the other party wants your money for as long as possible and even if your starving to death.

I also might add that the stupid Mac Davis calculator was designed by a judge on the premise that all divorced women are entitled to alimony, the question is how much. There are also other calculators floating around your state. Some judges use them and some judges don't.

If I were you, I would ignore those calculators.

Last edit: Paul Ryan sucks.

Thanks for your input. Whereas you say "Personally, I wouldn't agree to pay anything unless it was clearly and without question in my favor," I think this becomes a real roll of the dice here in Wisconsin and quite up to the particular judge. This is my concern. I am not opposed to paying my wife maintenance; I am just looking for something that I consider reasonable (I realize her definition of reasonable may be quite different than mine.) I have generally had to work 60-70 hours a week to earn the income I do and my lawyer has said this may be an "angle" to explore when looking to have the maintenance be something other than a 50/50 split of total disposable income.

 

[Proserpina]

Thanks for your input. Whereas you say "Personally, I wouldn't agree to pay anything unless it was clearly and without question in my favor," I think this becomes a real roll of the dice here in Wisconsin and quite up to the particular judge. This is my concern. I am not opposed to paying my wife maintenance; I am just looking for something that I consider reasonable (I realize her definition of reasonable may be quite different than mine.) I have generally had to work 60-70 hours a week to earn the income I do and my lawyer has said this may be an "angle" to explore when looking to have the maintenance be something other than a 50/50 split of total disposable income.

Sigh.

Please understand something. Bali did (according to him at least) get screwed in court and since then has never been able to let that go and all too often his posts border on the dangerous.

There is a reason why there are - on Real Proper Legal-Type Sites, too, Bali - many accurate calculators which do serve to give you at least a rough idea what you might expect.

In your situation, spousal support is probably a given. Listen to your attorney. Go from that. Not from some guy with a grudge who has a terminal agenda.

 

[Bali Hai]

Thanks for your input. Whereas you say "Personally, I wouldn't agree to pay anything unless it was clearly and without question in my favor," I think this becomes a real roll of the dice here in Wisconsin and quite up to the particular judge. This is my concern. I am not opposed to paying my wife maintenance; I am just looking for something that I consider reasonable (I realize her definition of reasonable may be quite different than mine.) I have generally had to work 60-70 hours a week to earn the income I do and my lawyer has said this may be an "angle" to explore when looking to have the maintenance be something other than a 50/50 split of total disposable income.

Make sure your lawyer is working for YOU. If that judge equalizes the earnings 50:50, she/he is an idiot.

You are correct, it's entirely up to the judge's discretion. Your lawyer should be able to give some insight as to how the judge you drew may decide.

In my case, I happened to get an old fart who was Catholic and didn't believe in divorce to begin with and tried to force an agreement from me. Well that didn't work. I'm glad for others that the old fart is now off the bench.

The other advice you are receiving here is coming from potiental alimony "payees" and not payors.

Be aware that once YOU agree to pay alimony, that judge will be alot less understanding if you can't pay.

 

[Bali Hai]

Sigh.

Please understand something. Bali did (according to him at least) get screwed in court and since then has never been able to let that go and all too often his posts border on the dangerous.

There is a reason why there are - on Real Proper Legal-Type Sites, too, Bali - many accurate calculators which do serve to give you at least a rough idea what you might expect.

In your situation, spousal support is probably a given. Listen to your attorney. Go from that. Not from some guy with a grudge who has a terminal agenda.

I'm tempted but won't mention what can be done with those calculators.