What is the name of your state (only U.S. law)? CA
A friend of mine is going through a never-ending divorce! The parties were married on May 2, 1981 & recently agreed upon a separation date of May 1, 2000. The parties continued to live in the same home, but in separate rooms & living as separated persons for 3 years, mainly for the sake of their teenage sons. The husband moved into a separate residence in June 2003, but continued to send money to the wife while their sons lived with her. The husband moved to Southern CA from the Central Valley back at the end of 2004. The husband filed dissolution papers on August 17, 2005. The husband continued to send money each month to the wife’s until Sept. 2006, when their last son moved from the home. The wife immediately obtained an order in Dec. 2006 for temporary spousal support in the amount of $1,001/mo. There is now a status only judgment & after numerous attempts to reach a final judgment, the now ex-wife continues to delay it due to her high spousal support.
Since both parties are in pro per, with limited & unsuccessful attorney involvement for both parties, the main problem is the permanent spousal support. The ex-wife is playing an all or nothing game & despite the ex-husband even setting up a trial, she somehow got the date taken off calendar without his knowledge. The ex-wife began working in 1991 & has been working since 1995 in a federal position now making $45+/yr. The ex-husband was primarily self-employed, but relocated to Southern CA for a position paying $93k-$97k/yr, which is a substantially higher income compared to the income during marriage. Prior to the 2000 separation, the ex-wife’s income consistently increased each year while the ex-husband’s income was somewhat erratic due to a couple of failed partnerships.
It is my understanding that the permanent spousal support should be based on the 3 years’ income prior to separation in addition to considering the CA Family Code 4320. If this is the case, then the average of both parties’ incomes were very similar for the years of 1999-1997 & in 1998 the ex-wife’s income was 3.8x the ex-husband’s income. The ex-wife is demanding non-modifiable $600/mo spousal support for 6 years along with waiving interest in her retirement valued at approximately $15k at time of separation. While this would put a termination date to the support, the ex-husband’s employment as a Civil Engineer is in jeopardy due to the declining market. The $1,001/mo temporary support has been extremely hurting his financial situation & he wants to get this settled right away. With the courts allowing her to take the trial off calendar without his knowledge & enduring 6 Mandatory Settlement Conferences, without a personal appearance from the ex-wife on any of the numerous MSC & OSC, he has completely lost faith in the justice system down here. Next MSC is scheduled 11/10 & the ex-wife has finally been ordered to appear in person. Even if a trial is set again, this will still go into 2009 & continue to cost $1,001/mo. Should he agree with her constant & ever changing demands or stick it out until 2009 to let the judge set the permanent spousal support at trial? Since this is a marriage of long duration he will have to continue paying something even though he has sent her money ever month since they separated, right? What about the fact that she makes over $45k/yr, lives alone in a rented home, but still claims she doesn’t have enough money to meet her basic needs or maintain the marital standard of living?
A friend of mine is going through a never-ending divorce! The parties were married on May 2, 1981 & recently agreed upon a separation date of May 1, 2000. The parties continued to live in the same home, but in separate rooms & living as separated persons for 3 years, mainly for the sake of their teenage sons. The husband moved into a separate residence in June 2003, but continued to send money to the wife while their sons lived with her. The husband moved to Southern CA from the Central Valley back at the end of 2004. The husband filed dissolution papers on August 17, 2005. The husband continued to send money each month to the wife’s until Sept. 2006, when their last son moved from the home. The wife immediately obtained an order in Dec. 2006 for temporary spousal support in the amount of $1,001/mo. There is now a status only judgment & after numerous attempts to reach a final judgment, the now ex-wife continues to delay it due to her high spousal support.
Since both parties are in pro per, with limited & unsuccessful attorney involvement for both parties, the main problem is the permanent spousal support. The ex-wife is playing an all or nothing game & despite the ex-husband even setting up a trial, she somehow got the date taken off calendar without his knowledge. The ex-wife began working in 1991 & has been working since 1995 in a federal position now making $45+/yr. The ex-husband was primarily self-employed, but relocated to Southern CA for a position paying $93k-$97k/yr, which is a substantially higher income compared to the income during marriage. Prior to the 2000 separation, the ex-wife’s income consistently increased each year while the ex-husband’s income was somewhat erratic due to a couple of failed partnerships.
It is my understanding that the permanent spousal support should be based on the 3 years’ income prior to separation in addition to considering the CA Family Code 4320. If this is the case, then the average of both parties’ incomes were very similar for the years of 1999-1997 & in 1998 the ex-wife’s income was 3.8x the ex-husband’s income. The ex-wife is demanding non-modifiable $600/mo spousal support for 6 years along with waiving interest in her retirement valued at approximately $15k at time of separation. While this would put a termination date to the support, the ex-husband’s employment as a Civil Engineer is in jeopardy due to the declining market. The $1,001/mo temporary support has been extremely hurting his financial situation & he wants to get this settled right away. With the courts allowing her to take the trial off calendar without his knowledge & enduring 6 Mandatory Settlement Conferences, without a personal appearance from the ex-wife on any of the numerous MSC & OSC, he has completely lost faith in the justice system down here. Next MSC is scheduled 11/10 & the ex-wife has finally been ordered to appear in person. Even if a trial is set again, this will still go into 2009 & continue to cost $1,001/mo. Should he agree with her constant & ever changing demands or stick it out until 2009 to let the judge set the permanent spousal support at trial? Since this is a marriage of long duration he will have to continue paying something even though he has sent her money ever month since they separated, right? What about the fact that she makes over $45k/yr, lives alone in a rented home, but still claims she doesn’t have enough money to meet her basic needs or maintain the marital standard of living?