Fair Amount of Support in Colorado

[RicottaPie]

What is the name of your state? CO

Hello, all. New to the forum.

In Colorado (a no-fault state) the formula seems to be -

Duration: 1/3 of the length of the marriage, and the mean between 40% of my income (as the primary earner) and 50% of hers.

Here's my question: my wife has two degrees, one of which she earned with my help during the marriage. We have no children, and neither of her chosen fields are the sort in which time away from the workforce makes any difference at all upon re-entry.

So, she got used to working very little, but not because she wasn't able. I actually wanted her to work more, but somehow she never got around to it.

Now that I've filed for divorce she's asking for 1/4 of my income for the next two years (we were married for 6). I'm not sure that's fair; I believe her intentions to be punitive rather than need-based.

How can I try to ensure that she's awarded support based on need, rather than that she wants me to support her because she's used to not working, and because she's angry? I'd like to prove that she's ABLE to earn quite a bit more than she is right now; according to the research I've done she's actually ABLE to earn a good income - close to what I earn now. However, what she IS earning is significantly less than that.

 

[LdiJ]

What is the name of your state? CO

Hello, all. New to the forum.

In Colorado (a no-fault state) the formula seems to be -

Duration: 1/3 of the length of the marriage, and the mean between 40% of my income (as the primary earner) and 50% of hers.

Here's my question: my wife has two degrees, one of which she earned with my help during the marriage. We have no children, and neither of her chosen fields are the sort in which time away from the workforce makes any difference at all upon re-entry.

So, she got used to working very little, but not because she wasn't able. I actually wanted her to work more, but somehow she never got around to it.

Now that I've filed for divorce she's asking for 1/4 of my income for the next two years (we were married for 6). I'm not sure that's fair; I believe her intentions to be punitive rather than need-based.

How can I try to ensure that she's awarded support based on need, rather than that she wants me to support her because she's used to not working, and because she's angry? I'd like to prove that she's ABLE to earn quite a bit more than she is right now; according to the research I've done she's actually ABLE to earn a good income - close to what I earn now. However, what she IS earning is significantly less than that.

What are her chosen fields?

 

[RicottaPie]

Chosen Fields

I'm a little wary of posting information that's too specific.

One is massage therapy, which seems to command an average of about $60/hr countrywide, and often quite a bit more. I bought her her own table a few years ago; she's never actually used it, although she's accredited in one of the two states where the criteria is the most stringent in the country. Her degree, therefore, will serve her admirably in any state. She's able to set her own schedule and work as much as she likes. If she worked 40 hrs./week, as I do, she'd actually be making considerably more than I.

Her other degree enables her to do any number of things, including teaching, either full-time or as a substitute.

 

[Silverplum]

Ld's answers to a woman, earlier today:

You have a short term marriage. Spousal support/alimony is very unlikely. However he would be entitled to 1/2 of the accrual of any assets that took place during the marriage if he fought for that.

So, 1/2 of any equity that accrued in the house in the last 5 years...1/2 of any bank accounts...1/2 of any vehicles...etc.

Bali....its a 5 year marriage. There isn't going to be any alimony. Please stop that.

Your answers here should be exactly the same, right Ld?

 

[RicottaPie]

Well...

It differs by state, yes?

 

[nextwife]

This was a short term marriage. DON"T agree to pay alimony.

 

[RicottaPie]

I don't mind helping her to get on her feet. I offered what I thought was a reasonable amount, but her lawyer - who just finished a year's suspension for having trouble differentiating between another client's trust fund and his own money - has told her that he can get her a quarter of my income for the next two years.

 

[Ohiogal]

I'm a little wary of posting information that's too specific.

One is massage therapy, which seems to command an average of about $60/hr countrywide, and often quite a bit more. I bought her her own table a few years ago; she's never actually used it, although she's accredited in one of the two states where the criteria is the most stringent in the country. Her degree, therefore, will serve her admirably in any state. She's able to set her own schedule and work as much as she likes. If she worked 40 hrs./week, as I do, she'd actually be making considerably more than I.

Her other degree enables her to do any number of things, including teaching, either full-time or as a substitute.

That is ONLY if she can work 40 hours a week at $60 an hour and have no expenses. Also if she is working for herself, the likelihood that she would start working at $60 an hour and actually earn that much for 40 hours a week is a bit ridiculous. YOu need to be realistic.

 

[RicottaPie]

I'm well aware

I realize that she'd have to establish clientele before she could work 40 hrs. a week like that. I was speaking hypothetically. She wouldn't be able to make quite that much substitute teaching, but she's fully able to generate a good income on a flexible schedule that would allow her to pursue her own interests - interests we shared, incidentally, until I got the job I have now, which prevents me from doing the same although she continued to do so with my encouragement during the marriage.

As it is, though, I filed nearly six months ago, and she has yet to work 40 hours a week doing anything at all.

(Edited to add: ) I do know several massage therapists who have entered the field right out of school commanding at least that much or even higher.

 

[LdiJ]

Ld's answers to a woman, earlier today:





Your answers here should be exactly the same, right Ld?

Actually yes...I just wanted to know what her chosen fields were. Yes, its a short term marriage and there shouldn't be any alimony.

However, OG also corrected me on that other thread and said that short term alimony wasn't entirely impossible. So I thought that I would at least make sure that her chosen fields really were viable.

 

[LdiJ]

That is ONLY if she can work 40 hours a week at $60 an hour and have no expenses. Also if she is working for herself, the likelihood that she would start working at $60 an hour and actually earn that much for 40 hours a week is a bit ridiculous. YOu need to be realistic.

Actually, a massage therapist couldn't work 40 hours and make 60.00 per hour. She could maybe pull off 8 massages a day if she had her own "office" but then she would be deducting the cost of the office from that income....and she would be working more like 50 hours per week.

If she traveled to her clients, then she probably couldn't do more than 5-6 per day, and she would still have expenses.

If she worked for someone else their expenses would come off the top and she probably would get less than half of the 60 for herself.

In general, someone who is self employed is doing really well if their "net" is 40% of their gross....and many net only about 20-25% of gross.

 

[RicottaPie]

Usually when someone quotes a 'per hour' rate those things are taken into account. Taxes as well. I didn't say she could 'net' $60/hr, just that she could CHARGE that much. And she can.

 

[LdiJ]

Usually when someone quotes a 'per hour' rate those things are taken into account. Taxes as well. I didn't say she could 'net' $60/hr, just that she could CHARGE that much. And she can.

True, but you did compare her making that 40 hours per week as being a bigger income than yours....and I was pointing out the fallacy in that.

 

[RicottaPie]

No; after expenses, taxes, etc. her income would be comparable to mine with all of the same considerations applied on my end.

 

[RicottaPie]

Still wondering if there's anything I can do about it; i.e. salient issues I might offer up, etc.