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  #1  
Old 05-28-2007, 10:31 PM
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Join Date: May 2007
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Angry

Spousal Support


What is the name of your state? Georgia
I have been married for 16years and 12 of those years I have been disable. I have not worked in 12years, I am asking for ss, we don't have any childern. I am asking for $750.00 a month and don't want to give me that also I ask for the equity in our home and half of his pension, health insurance. Well, he only want to give me half of his pen which he can't get until he retires and half of the equity also if he has to pay cobra insurance he don't want to give that because he says it will cost too much. So I went down on the ss asking for $750. for 2yrs, then 650. for2yrs, $450. for 4yrs and he want agree to that so how much can i get from him a month and how long and I'm i entitled to the FULL EQUITY if i give him the HOUSE.


Thank U
  #2  
Old 05-28-2007, 11:00 PM
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Posts: 4,244
Quote:
Originally Posted by Unhappywanda View Post
What is the name of your state? Georgia
I have been married for 16years and 12 of those years I have been disable. I have not worked in 12years, I am asking for ss, we don't have any childern. I am asking for $750.00 a month and don't want to give me that also I ask for the equity in our home and half of his pension, health insurance. Well, he only want to give me half of his pen which he can't get until he retires and half of the equity also if he has to pay cobra insurance he don't want to give that because he says it will cost too much. So I went down on the ss asking for $750. for 2yrs, then 650. for2yrs, $450. for 4yrs and he want agree to that so how much can i get from him a month and how long and I'm i entitled to the FULL EQUITY if i give him the HOUSE.


Thank U
You are not entitled to ANY EQUITY if you give him the HOUSE.

What is your disability?
  #3  
Old 05-28-2007, 11:04 PM
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Join Date: Jul 2005
Location: Massachusetts
Posts: 14,002
Quote:
Originally Posted by Unhappywanda View Post
What is the name of your state? Georgia
I have been married for 16years and 12 of those years I have been disable. I have not worked in 12years, I am asking for ss, we don't have any childern. I am asking for $750.00 a month and don't want to give me that also I ask for the equity in our home and half of his pension, health insurance. Well, he only want to give me half of his pen which he can't get until he retires and half of the equity also if he has to pay cobra insurance he don't want to give that because he says it will cost too much. So I went down on the ss asking for $750. for 2yrs, then 650. for2yrs, $450. for 4yrs and he want agree to that so how much can i get from him a month and how long and I'm i entitled to the FULL EQUITY if i give him the HOUSE.


Thank U
Hello!! Wake up!! I think you are dreaming!!!


You MAY be able to get SS...How much a judge will decide...You will NOT get full equity you are entitled to half...You are entitled to half of his pension that accrued while you were married. He is also entitled to half of YOUR pention.
Basically you get half the debt and half the assets....
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  #4  
Old 05-29-2007, 01:13 AM
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Join Date: May 2007
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Quote:
Originally Posted by Bali Hai View Post
You are not entitled to ANY EQUITY if you give him the HOUSE.

What is your disability?
Lupus and Rheumatoid Arthritis
  #5  
Old 05-29-2007, 01:19 AM
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Join Date: May 2007
Posts: 5
Question

Quote:
Originally Posted by baystategirl View Post
Hello!! Wake up!! I think you are dreaming!!!


You MAY be able to get SS...How much a judge will decide...You will NOT get full equity you are entitled to half...You are entitled to half of his pension that accrued while you were married. He is also entitled to half of YOUR pention.
Basically you get half the debt and half the assets....
So you are saying that I am not entitle to Spousal Support and to start over I can not have ALL THE EQUITY in the house. So we should SELL THE HOUSE, because if I sign it over to him the EQUITY will build back up or he can SELL it and I get NOTHING...... And What I'm I dreaming about.... PLEASE TELL ME so I can Wake-Up
  #6  
Old 05-29-2007, 04:00 AM
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Quote:
Originally Posted by Unhappywanda View Post
So you are saying that I am not entitle to Spousal Support and to start over I can not have ALL THE EQUITY in the house. So we should SELL THE HOUSE, because if I sign it over to him the EQUITY will build back up or he can SELL it and I get NOTHING...... And What I'm I dreaming about.... PLEASE TELL ME so I can Wake-Up
Ok....let me try to put this as simply as possible.

Spousal support is never guaranteed. Since you have a long term marriage, and you are disabled, its very possible that you can get spousal support, but its not guaranteed.

You are entitled to 1/2 of the equity in the home. That means that you either need to sell the home and split the equity, or your husband needs to refinance the home to buy you out of your share of the equity.

Your are also entitled to 1/2 of any other assets, which include pension funds, bank accounts, stocks and bonds etc.

You are also responsible for 1/2 of the marital debt.

You really need to hire an attorney. Borrow the money from family if you have to, but you really need one.
  #7  
Old 05-29-2007, 06:41 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,742
Quote:
So you are saying that I am not entitle to Spousal Support and
No one is ENTITLED to spousal support. Truthfully you should NOT want spousal support if you are getting disability. If you are not getting disability then hubby's attorney should argue that you are able to work and just lazy so therefore you should only receive SS for a maximum of a 2 years if that. If you are getting disability then you are only allowed to receive $20 a month in income before they start lowering your disability amount. Which means you could be cutting her own throat to go for spousal support for a variety of reasons. And that would be a stupid move. But if you are wanting to be vengeful maybe you don't care about the intelligence of what you want. You just want to make him pay.

Quote:
and to start over I can not have ALL THE EQUITY in the house.
he is starting over as well. Why shouldn't HE get all the equity in the house?

Quote:
So we should SELL THE HOUSE, because if I sign it over to him the EQUITY will build back up or he can SELL it and I get NOTHING......
As you were told you could get HALF the equity in the house. If you sell the house you COULD get half the proceeds. Which is not the same as half the equity.

Quote:
And What I'm I dreaming about.... PLEASE TELL ME so I can Wake-Up
I just did.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #8  
Old 05-29-2007, 06:49 AM
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Location: Ohio
Posts: 31,742
Quote:
What is the name of your state? Georgia
I have been married for 16years and 12 of those years I have been disable.
So you receive social security disability correct?

Quote:
I have not worked in 12years,
Okay. What are your skills? What education do you have?

Quote:
I am asking for ss, we don't have any childern.
You can ask. What exactly have you done for the last twelve years?

Quote:
I am asking for $750.00 a month
How much does he earn? What are his expenses? What are your expenses? What is your capacity to earn income? What does your disability amount to?

Quote:
and don't want to give me that
Understandable.

Quote:
also I ask for the equity in our home and
You are not entitled to ALL the equity in the home.

Quote:
half of his pension,
You are not entitled to HALF his pension necessarily either. YOu have only been married for 16 years. If he has worked there longer than that you have no rights to HALF his pension.

Quote:
health insurance.
You are most likely out of luck when it comes to health insurance. Depending on his income he will not be required to pay COBRA for you and insurance companies through his employer will not keep you on after a divorce. Plus for him to purchase a policy for you independently -- unless he is wealthy -- a judge would find the cost unreasonable.

Quote:
Well, he only want to give me half of his pen which he can't get until he retires
You are lucky he wants to give you half that because you may not be entitled at all.

Quote:
and half of the equity also
That is fair IF you bought the house DURING the marriage.

Quote:
if he has to pay cobra insurance he don't want to give that because he says it will cost too much.
COBRA is only good for I believe 18 months at most.
Quote:
So I went down on the ss asking for $750. for 2yrs, then 650. for2yrs, $450. for 4yrs and he want agree to that so how much can i get from him a month and how long and I'm i entitled to the FULL EQUITY if i give him the HOUSE.

BULL! You are dreaming.

HOpefully hubby speaks to an attorney and realizes that he would not be required to pay SS for 8 years for a 16 year marriage. At most he may have to pay for 5 years.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #9  
Old 05-30-2007, 01:03 AM
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Quote:
Originally Posted by Ohiogal View Post
No one is ENTITLED to spousal support. Truthfully you should NOT want spousal support if you are getting disability. If you are not getting disability then hubby's attorney should argue that you are able to work and just lazy so therefore you should only receive SS for a maximum of a 2 years if that. If you are getting disability then you are only allowed to receive $20 a month in income before they start lowering your disability amount. Which means you could be cutting her own throat to go for spousal support for a variety of reasons. And that would be a stupid move. But if you are wanting to be vengeful maybe you don't care about the intelligence of what you want. You just want to make him pay.

No I am Not getting disability, I was but now not I can go reapply for it but haven't because he was taking care of everything and CHEATING too. So NO I AM NOT LAZY, because before the doctor take me out of work I worked. And no I am not being VENGEFUL I just want mine and part of the HOUSE is MINE. And Don't Care about him PAYING because WHAT GOES AROUND COMES AROUND.

he is starting over as well. Why shouldn't HE get all the equity in the house?

Because he wants the House

As you were told you could get HALF the equity in the house. If you sell the house you COULD get half the proceeds. Which is not the same as half the equity.

I know I don't want the House I just want the equity in it before I take my name off. All I want is some money to start over. He will have the house ************** And why is no one entitled to Spousal Support what are they entitle to And half of the proceed will be more then the equity. But he wants the house and it might take long to sale it.

I just did.
I get some of what you are saying but I don't understand a lot
  #10  
Old 05-30-2007, 01:15 AM
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Quote:
Originally Posted by Ohiogal View Post
So you receive social security disability correct?
NO


Okay. What are your skills? What education do you have?

I was a manager in a grocery store in the Dairy/ Frozen Food dept
High grad
You can ask. What exactly have you done for the last twelve years?

taken care of the house and him

How much does he earn? What are his expenses? What are your expenses? What is your capacity to earn income? What does your disability amount to?

3200monthly household expensesnand he has acar note, doctor take me out of work but one while I keep kids in my home but I only made 900monthly, don't receive any money

Understandable.



You are not entitled to ALL the equity in the home.

I only want enough to get my own PLACE

You are not entitled to HALF his pension necessarily either. YOu have only been married for 16 years. If he has worked there longer than that you have no rights to HALF his pension.
He only been at this job for 10years 11 at the most


You are most likely out of luck when it comes to health insurance. Depending on his income he will not be required to pay COBRA for you and insurance companies through his employer will not keep you on after a divorce. Plus for him to purchase a policy for you independently -- unless he is wealthy -- a judge would find the cost unreasonable.

we got that together

You are lucky he wants to give you half that because you may not be entitled at all.



That is fair IF you bought the house DURING the marriage.

We did buy the house 6years age

COBRA is only good for I believe 18 months at most.

I pulled some info up about that and it said longer but thats fine

BULL! You are dreaming.
NO I'M NOT
HOpefully hubby speaks to an attorney and realizes that he would not be required to pay SS for 8 years for a 16 year marriage. At most he may have to pay for 5 years.
I will take that I want out
  #11  
Old 05-30-2007, 07:59 AM
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Quote:
Originally Posted by Unhappywanda View Post

What exactly have you done for the last twelve years?
taken care of the house and him
Why is taking care of the house, and him, a FULL time job? When I was single and working full time, I took care of my own house, and didn't need a husband or wife to do that for me. Just how big a house is this, that it requires full time attention?
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  #12  
Old 05-30-2007, 09:33 AM
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Location: Ohio
Posts: 31,742
Quote:
So you receive social security disability correct?
NO
Then you are voluntarily unemployed and can earn an income.

Quote:
Okay. What are your skills? What education do you have?

I was a manager in a grocery store in the Dairy/ Frozen Food dept
High grad
Okay you have skills. You can use those managerial skills. What were you earning then? You can at least be imputed with an income.


Quote:
You can ask. What exactly have you done for the last twelve years?

taken care of the house and him
What else? You should have been able to do more than just that.

Quote:
How much does he earn? What are his expenses? What are your expenses? What is your capacity to earn income? What does your disability amount to?

3200monthly household expensesnand he has acar note, doctor take me out of work but one while I keep kids in my home but I only made 900monthly, don't receive any money
He will not have a lot of discretionary income. He has a right to have a home and a car and he does have to get to work. You will have to get to work as well. You made $900 monthly huh? Bet you didn't declare that on your taxes. Which means you committed a crime. And you have worked in the past 12 years. So you are able to get a job and make an income.

Quote:
Understandable.

You are not entitled to ALL the equity in the home.

I only want enough to get my own PLACE

You would need an INCOME to get your own place. Which means a job. It is highly unlikely that half the equity in the house would be enough to fully get you your own place.

Quote:
You are not entitled to HALF his pension necessarily either. YOu have only been married for 16 years. If he has worked there longer than that you have no rights to HALF his pension.
He only been at this job for 10years 11 at the most
Then is his pension vested? Is he guaranteed it? Are you sure it is a pension and not a 401k? How much is it worth?




T
Quote:
hat is fair IF you bought the house DURING the marriage.

We did buy the house 6years age

How much equity do you think is in this house? Unless there was an extremely large downpayment there is most likely not a lot of equity.


Quote:
COBRA is only good for I believe 18 months at most.

I pulled some info up about that and it said longer but thats fine
You want him to pay you $750 a month SS plus pay $1000 a month on Cobra or thereabouts which is over half of his gross pay? YOu are dreaming.


Quote:
BULL! You are dreaming.
NO I'M NOT
Yes you are. You are not entitled to be supported by someone else your entire life. GET A JOB or get disability. BUT DO SOMETHING!

Quote:
HOpefully hubby speaks to an attorney and realizes that he would not be required to pay SS for 8 years for a 16 year marriage. At most he may have to pay for 5 years.I will take that I want out
No you don't want out. If you really wanted out you would walk away with NOTHING. So you don't want out. You want paid. YOu want to force him to continue supporting you.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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