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Old 11-29-2004, 08:52 PM
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Join Date: Nov 2004
Location: New York
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Question

Spousal support negotiation


What is the name of your state? New York

I understand that NY has several factors to determine spousal support. Is it plausible to set an amount in the seperation agreement and have the court uphold it? I am planning to offer my future ex an amount that will more than likely exceed what the court would assign in order for her to keep our house for the term of the support (1/3 lenth of marriage - approx 3 years) until our youngest is in school and she can go back to work full time (part time to supplement child support and spousal support until then). At that time, I want her to assume the mortgage (refinance if necessary) and I will sign the deed over to her in full w/o need for pay back of my share of equity (she can have it). I know this sounds overly generous to some, but it is solely for the sake of the kids (it's their home, too). Does this sound legally plausible? She is a stay at home mom w/ a masters in education and 8 years elementary teaching experience (glowing resume!). employment should not be a problem for her.

any advice will help. Thanks in advance
  #2  
Old 11-29-2004, 10:34 PM
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Join Date: Jul 2003
Location: Arizona
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Hey the guidelines are just that, guidelines. If there is something that you two agree to the courts generally do not want to interfere with it. I would suggest that you spell everything out so that it will not bite you later. I do think what you are doing is generous, but I also think if it keeps the kids happy and everyone as calm as can be during this stressful time it is well worth it. So, I applaud you for attempting to keep the peace and hope the wife returns the favor, good-luck in this
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