debt,SS, insurance

[thedefendant]

What is the name of your state? OH

I'm in the middle of the divorce hearings but just got temp orders from the court (married for 9 years). Several issues. I was ordered to pay $700 per month in child support (2 children ages 6&8) and $900 in SS. Combined, the support is 62% of my monthly disposable income ( I now live and work in Canada where the taxes are higher). I was also ordered to pay for health insurance for the two children and my soon-to-be (hopefully) ex-wife. This is very expensive because I can't get it through my employer (They have universal health coverage here). Including health insurance, the support is equal to between 75-80% of my disposable income? Someone please tell me there is something wrong with this. I net 2,600 per month and will be paying about $2,000 in support and keeping $600. Is this really what the court considers a "fair" distribution of income?

Another problem. I have $130,000 in finacial aid debt to pay ($700 per month for 30 years). The court clearly did not take this into account. Should they?

[Silverplum]

Originally Posted by thedefendant

What is the name of your state? OH

I'm in the middle of the divorce hearings but just got temp orders from the court (married for 9 years). Several issues. I was ordered to pay $700 per month in child support (2 children ages 6&8) and $900 in SS. Combined, the support is 62% of my monthly disposable income ( I now live and work in Canada where the taxes are higher). I was also ordered to pay for health insurance for the two children and my soon-to-be (hopefully) ex-wife. This si very expensive because I can't get it through my employer (They have universal health coverage here). Including health insurance, the support is equal to between 75-80% of my disposable income? Someone please tell me there is something wrong with this. I net 2,600 per month and will be paying about $2,000 in support and keeping $600. Is this really what the court considers a "fair" distribution of income?

Another problem. I have $130,000 in finacial aid debt to pay ($700 per month for 30 years). They court clearly did not take this into account. Should they?

Do you have an attorney?

[thedefendant]

Fresh out of law school and $250 an hour

[Silverplum]

Originally Posted by thedefendant

Fresh out of law school and $250 an hour

No doubt a better attorney than you.

Stand by and hope for an answer from Ohiogal. She's a family law attorney in OH who volunteers here. You'd be lucky to hear her POV.

[moburkes]

Originally Posted by thedefendant

Fresh out of law school and $250 an hour

That may have been the problem, especially considering that you cannot provide the health insurance on an employer sponsored plan.

[Silverplum]

Originally Posted by moburkes

That may have been the problem, especially considering that you cannot provide the health insurance on an employer sponsored plan.

I agree -- unless Dad agreed to everything, then moved to Canada. Otherwise, I can't imagine why his attorney didn't object to some of those provisions.

OP, there's more to the story. Start typing...

[nextwife]

I also sure hope you didn't agree to PERMANENT alimony for a marriage under 10 years, and that it runs no more than half the length of the marriage.

[thedefendant]

Since we've been seperated I have been sending her 50% of my net (so no neglect). We each have about 10-15K in credit card debt (2/3 of this is due to the fact that I not only paid for my attorney but her's as well).

For 8 of the 9 years we were married I was getting my PhD. During that time, she stayed home with the kids. The $130,000 in financial aid was used entirely for family support (I had a tuition waiver and a $1,500 per month stipend).

She has a high school diploma I have PhD. She only worked for about 6 months in the 9 years.

She's been planning for this for years. We've known we were going to get a divorce for years but stayed together. Both the kids were in school for the last 2 years. I said she should get a job she said no because if she did she would get less money out of me. We lived in a place for 8 years that was $850 per month in rent. Once we seperated she moved into a place that was $1500 per month. I think her strategy is working!

[Silverplum]

Originally Posted by thedefendant

Since we've been seperated I have been sending her 50% of my net (so no neglect). We each have about 10-15K in credit card debt (2/3 of this is due to the fact that I not only paid for my attorney but her's as well).

For 8 of the 9 years we were married I was getting my PhD. During that time, she stayed home with the kids. The $130,000 in financial aid was used entirely for family support (I had a tuition waiver and a $1,500 per month stipend).

She has a high school diploma I have PhD. She only worked for about 6 months in the 9 years.

She's been planning for this for years. We've known we were going to get a divorce for years but stayed together. Both the kids were in school for the last 2 years. I said she should get a job she said no because if she did she would get less money out of me. We lived in a place for 8 years that was $850 per month in rent. Once we seperated she moved into a place that was $1500 per month. I think her strategy is working!

Yes, her strategy is working, as it has been all along.

[thedefendant]

It probably goes without saying (given my long stay in grad school) but there are no assets to speak of only debts. In other words, this temporary order (which I have appealed) is only a consideration of my income and nothing else.

[Ohiogal]

Originally Posted by thedefendant

What is the name of your state? OH

I'm in the middle of the divorce hearings but just got temp orders from the court (married for 9 years). Several issues. I was ordered to pay $700 per month in child support (2 children ages 6&8)

The $700 is non-negotiable as it is done by a formula mandated by the state.

and $900 in SS.

The $900 is calculated normally using FinPlan and should take into consideration ONLY disposable income after rent (take her rent and yours -- add them together and divide by two is normally how they figure how much each of you should be paying in rent), food and clothing. How did they calculate that?

Combined, the support is 62% of my monthly disposable income ( I now live and work in Canada where the taxes are higher).

What was your income BEFORE you moved to Canada? If you were working here for any length of time your income may have been imputed because you CHOSE to relocate to Canada where the taxes are higher.


I was also ordered to pay for health insurance for the two children and my soon-to-be (hopefully) ex-wife.

Did you have health insurance here before you moved?

This is very expensive because I can't get it through my employer (They have universal health coverage here). Including health insurance, the support is equal to between 75-80% of my disposable income? Someone please tell me there is something wrong with this. I net 2,600 per month and will be paying about $2,000 in support and keeping $600. Is this really what the court considers a "fair" distribution of income?


Yes there is something wrong with this IF it is based your Canadian income and NOT an imputed income. So what income did the courts use to determine this money? What income was she imputed with?

Another problem. I have $130,000 in finacial aid debt to pay ($700 per month for 30 years). The court clearly did not take this into account. Should they?

Nope. It will not be taken into account. As for your attorney -- I wish I were earning $250 an hour. Anyway, does (s)he work for a large firm?
You need to tell us however what income your support was based upon and if you had health insurance here when the papers were filed and when you moved to Canada. Also what type of visitation/parental rights do you have at this point?

[Ohiogal]

Originally Posted by thedefendant

It probably goes without saying (given my long stay in grad school) but there are no assets to speak of only debts. In other words, this temporary order (which I have appealed) is only a consideration of my income and nothing else.

Upon what are you basing your appeal? Is your attorney appealing for you? How can you afford a $250 an hour attorney anyway? What income was used to determine child support and spousal support. Was there a mistake in law? Answer my questions in my other post and you might more help.

[nextwife]

Originally Posted by thedefendant

Since we've been seperated I have been sending her 50% of my net (so no neglect). We each have about 10-15K in credit card debt (2/3 of this is due to the fact that I not only paid for my attorney but her's as well).

For 8 of the 9 years we were married I was getting my PhD. During that time, she stayed home with the kids. The $130,000 in financial aid was used entirely for family support (I had a tuition waiver and a $1,500 per month stipend).

She has a high school diploma I have PhD. She only worked for about 6 months in the 9 years.

She's been planning for this for years. We've known we were going to get a divorce for years but stayed together. Both the kids were in school for the last 2 years. I said she should get a job she said no because if she did she would get less money out of me. We lived in a place for 8 years that was $850 per month in rent. Once we seperated she moved into a place that was $1500 per month. I think her strategy is working!

So the household income during the marriage was all loans and stipends? You and she were actually living off loans, and had no income?

[thedefendant]

I didn't agree to anything in the order (I'm compelled to obide by it). This was a temporary order that was decided by a magistrate with little impute from me or the soon-to-be "X" other than monthly expenses and income.

My real fear is that the same logic used to determine support for the temporary order will be used to calculate the final divorce order. My lawyer keeps telling me that the order is so much of my net income because the court bases its order for support on gross not net income and they don't care if I pay more taxes in Canada. Is this correct?

Will the court consider financial aid debt incurred during the marriage when it decides support? I had zero financial aid debt when we got married and 130K when divorced.

When dealing with debt in the temporary order it simply said "each party will pay debt in their name". For me thats 145K and climbing and 15K for her. Call me crazy, but that does not seem like a fair division of marital debt unless the court considers my financial aid debt a "personal" problem.

[thedefendant]

Originally Posted by Ohiogal

Nope. It will not be taken into account. As for your attorney -- I wish I were earning $250 an hour. Anyway, does (s)he work for a large firm?
You need to tell us however what income your support was based upon and if you had health insurance here when the papers were filed and when you moved to Canada. Also what type of visitation/parental rights do you have at this point?

The question of how much income my support order was based on is a trciky question. I make 60K a year Candian. For those who don't check the exchange rates daily, that's about 52K in U.S. dollars. I THINK they used the 52K figure.

For 8 years I lived on $1,500 per month in a stipend from the university and student loans. I did not work outside of the university just prior to my move to Canada. thus, I'm sure the court was not using my income as a student to calculate the support but the income I have now.