Alimony - Spousal Support - Child Support

[RedWhiteBlue]

What is the name of your state? KS

Married for 9 years, one child.
Female spouse had the only income throughout the marriage.
Male spouse raised the child.

Can male spouse count on any monetary support in case of joint or full custody of child after divorce? Any formula for Kansas?

There's no property to speak of. Credit card debt all in female spouse's name. Student Loan debt in male spouse's name.

[Ohiogal]

Originally Posted by RedWhiteBlue

What is the name of your state? KS

Married for 9 years, one child.
Female spouse had the only income throughout the marriage, now making $70K-$80K.
Male spouse raised the child.

Can male spouse count on any monetary support in case of joint or full custody of child after divorce? Any formula for Kansas?

There's no property to speak of. Credit card debt all in female spouse's name. Student Loan debt in male spouse's name.

The male spouse would qualify for TEMPORARY spousal support but needs to get a job. CHild support from her to him is possible. Credit card debt if run up during the marriage IS MARITAL debt and he is entitled to half of that.

[Bali Hai]

Originally Posted by RedWhiteBlue

What is the name of your state? KS

Married for 9 years, one child.
Female spouse had the only income throughout the marriage, now making $70K-$80K.
Male spouse raised the child.

Can male spouse count on any monetary support in case of joint or full custody of child after divorce? Any formula for Kansas?

There's no property to speak of. Credit card debt all in female spouse's name. Student Loan debt in male spouse's name.

If roles were reversed, female spouse would be expecting alimony $2-3k per month for at least 5 years.

That figure usually would be mitigated by any child support received.

[tuffbrk]

Is OP still in school?

[Ohiogal]

Originally Posted by Bali Hai

If roles were reversed, female spouse would be expecting alimony $2-3k per month for at least 5 years.

That figure usually would be mitigated by any child support received.

Sorry bali but i would be seeing the exact same thing that I said to this poster to a female poster.

[RedWhiteBlue]

How does this income scenario affect child custody issues?

OP failed to complete school. I understand you're saying that credit card debt is split in half regardless of who spent it and in whose name it is in? But I take it on the other hand that the student loan stays with the original borrower (even though its funds were used jointly?)

[LdiJ]

Originally Posted by RedWhiteBlue

How does this income scenario affect child custody issues?

OP failed to complete school. I understand you're saying that credit card debt is split in half regardless of who spent it and in whose name it is in? But I take it on the other hand that the student loan stays with the original borrower (even though its funds were used jointly?)

The student loan may be divisible in part. Obviously part of the student loan was used for school, and clearly the other party has not benefitted from that and will not benefit from it in the future. However if a portion of it was used for living expenses, then that portion could very well be divisible. Depending upon the amounts involved, the parties could agree that the party with the credit card debt in their name keep that, and the party with the student loan debt keep that.

[Golfball]

Originally Posted by RedWhiteBlue

What is the name of your state? KS

Married for 9 years, one child.
Female spouse had the only income throughout the marriage, now making $70K-$80K.
Male spouse raised the child.

Can male spouse count on any monetary support in case of joint or full custody of child after divorce? Any formula for Kansas?

Depends on the county. Johnson County does have a formula. Whether their formula applies to other counties, I'm not sure. (The Johnson Co. formula is findable through google.)

There's no property to speak of. Credit card debt all in female spouse's name. Student Loan debt in male spouse's name.

Depending on the male spouse's income, it may be to the male spouse's advantage to retain the student loan debt (in exchange for female spouse taking the CC debt.), since student loan interest is (possibly) an above-the-line tax deduction (which means it can be taken whether or not the filer itemizes). There are restrictions on whether you can take the deduction, though. (AGI must be below a certain level, cannot be filing MFS, student loan is no older than X amount, and possibly some others, as noted in the appropriate IRS publications.)

[RedWhiteBlue]

Thank you for those very informative answers, they helped a great deal. I manged to find the formula you spoke of.


Could you post opinions on how income would affect custody issues please. Thank you again.


Section 5.6 of the Johnson County Family Law Guidelines deals with the amount of maintenance with no minor children. According to that formula, the maintenance should be determined by calculating 25% of the difference between the gross incomes of the parties up to a difference of $50,000 per year. For a difference over $50,000, add 22% of the excess. Id. at 5.6. When there are minor children, section 5.7 states that the maintenance should be determined by calculating 20% of the difference between gross incomes of the parties. Id. at 5.7. The Johnson County Guidelines address maintenance duration in section 5.8. According to that section, alimony should not last longer than: the number of years of marriage divided by 2.5 if the marriage is five years or less; 2 plus 1/3 of the number of years of marriage for marriages over five years.

[ProSeDadinMD]

Hey, citizenUS, it's considered a party foul to switch ID's to get better answers.

And yes, it's obvious...

BTW, what kind of job does your ILLEGAL ALIEN wife do that she makes $70-80k?

[tuffbrk]

Originally Posted by RedWhiteBlue

Section 5.6 of the Johnson County Family Law Guidelines deals with the amount of maintenance with no minor children. According to that formula, the maintenance should be determined by calculating 25% of the difference between the gross incomes of the parties up to a difference of $50,000 per year. For a difference over $50,000, add 22% of the excess. Id. at 5.6. When there are minor children, section 5.7 states that the maintenance should be determined by calculating 20% of the difference between gross incomes of the parties. Id. at 5.7. The Johnson County Guidelines address maintenance duration in section 5.8. According to that section, alimony should not last longer than: the number of years of marriage divided by 2.5 if the marriage is five years or less; 2 plus 1/3 of the number of years of marriage for marriages over five years.

OG - Is this an actual statute for an alimony calculation?! Sheesh - Not only would I be paying less alimony, but it would be for far less time!

[Bali Hai]

Originally Posted by tuffbrk

OG - Is this an actual statute for an alimony calculation?! Sheesh - Not only would I be paying less alimony, but it would be for far less time!

Yeah me too. But we live in the east under Hollywood influence!!

[Golfball]

Originally Posted by tuffbrk

OG - Is this an actual statute for an alimony calculation?! Sheesh - Not only would I be paying less alimony, but it would be for far less time!

It's part of the county guidelines, it's not part of the Kansas Statutes, Annotated.

(Edit: K.S.A. 60-1610 is the relevant section.)

[tuffbrk]

Originally Posted by Golfball

It's part of the county guidelines, it's not part of the Kansas Statutes, Annotated.

(Edit: K.S.A. 60-1610 is the relevant section.)

Don't mean to hijack - really! It's just that i didn't know anyone had anything hard and fast for alimony calculations. At least with this equation I could've paid without it having such a deep negative impact on my ability to support our children. I don't mind doing without some extra's - well, okay without some necessities. It just burns me that our sons have to do without...

Anyway - sorry for the hijack - I really was just plain surprised.