spousal support questions

[ems8989]

What is the name of your state (only U.S. law)? OH

Married almost 20yrs. Wife has accounting degree, worked up til 2nd kid (12yrs ago) as a CPA. Hasn't done accounting since. stayed home with kids working various part-time jobs.

We are trying to mediate a disolutionment and keep the laywers out as much as possible. We agree on many topics. But no idea what is reasonable for spousal support. I make $130K. She agrees she will go back to work full-time, but not sure what job. My understanding is that this will factor in and lessen my obligation, but how much is reasonable?

I don't want to pay her forever obviously. I want our agreement to say that support ends in some number of years and also if she cohabitates (she has a boyfriend). She cheated on me for over a year, but I have heard that won't factor into spousal support?

What is a realistic scenario? I understand this will most likely involve each of us retaining a lawyer to haggle, but its worth a shot of proposing something.

Thanks.

 

[TinkerBelleLuvr]

Has she kept up with her CPA license?

 

[ems8989]

no, she was certified in TX and we live in OH now.

 

[Bali Hai]

What is the name of your state (only U.S. law)? OH

Married almost 20yrs. Wife has accounting degree, worked up til 2nd kid (12yrs ago) as a CPA. Hasn't done accounting since. stayed home with kids working various part-time jobs.

We are trying to mediate a disolutionment and keep the laywers out as much as possible. We agree on many topics. But no idea what is reasonable for spousal support. I make $130K. She agrees she will go back to work full-time, but not sure what job. My understanding is that this will factor in and lessen my obligation, but how much is reasonable?

I don't want to pay her forever obviously. I want our agreement to say that support ends in some number of years and also if she cohabitates (she has a boyfriend). She cheated on me for over a year, but I have heard that won't factor into spousal support?

What is a realistic scenario? I understand this will most likely involve each of us retaining a lawyer to haggle, but its worth a shot of proposing something.

Thanks.

Three words, fill in the blanks: Y.. A.. S......!!

 

[mistoffolees]

What is the name of your state (only U.S. law)? OH

Married almost 20yrs. Wife has accounting degree, worked up til 2nd kid (12yrs ago) as a CPA. Hasn't done accounting since. stayed home with kids working various part-time jobs.

We are trying to mediate a disolutionment and keep the laywers out as much as possible. We agree on many topics. But no idea what is reasonable for spousal support. I make $130K. She agrees she will go back to work full-time, but not sure what job. My understanding is that this will factor in and lessen my obligation, but how much is reasonable?

I don't want to pay her forever obviously. I want our agreement to say that support ends in some number of years and also if she cohabitates (she has a boyfriend). She cheated on me for over a year, but I have heard that won't factor into spousal support?

What is a realistic scenario? I understand this will most likely involve each of us retaining a lawyer to haggle, but its worth a shot of proposing something.

Thanks.

First, adultery CAN cause spousal support to be waived:
Ohio Adultery Laws on Child Support & Alimony | eHow.com
"Although Ohio law does not expressly include adultery as a factor that the court considers when determining a need for spousal support, the law does give the court the power to consider any factor it finds relevant, which may include adultery. "
OG can say whether that is likely or just a theoretical possibility.

You are well within your rights to ask that spousal support terminate if she cohabits with someone, but that's hard to prove.

As for amount and time? There's no hard and fast rule. Worst case would probably be 7-10 years and the amount would be 1/2 the difference between your income and her (potential) income. Again, OG can say what is likely.

There's a lot of money involved here. I understand your desire to keep lawyers out, but it's worth at least a quick consultation to find out how the courts typically determine spousal support in your area.

 

[LdiJ]

What is the name of your state (only U.S. law)? OH

Married almost 20yrs. Wife has accounting degree, worked up til 2nd kid (12yrs ago) as a CPA. Hasn't done accounting since. stayed home with kids working various part-time jobs.

We are trying to mediate a disolutionment and keep the laywers out as much as possible. We agree on many topics. But no idea what is reasonable for spousal support. I make $130K. She agrees she will go back to work full-time, but not sure what job. My understanding is that this will factor in and lessen my obligation, but how much is reasonable?

I don't want to pay her forever obviously. I want our agreement to say that support ends in some number of years and also if she cohabitates (she has a boyfriend). She cheated on me for over a year, but I have heard that won't factor into spousal support?

What is a realistic scenario? I understand this will most likely involve each of us retaining a lawyer to haggle, but its worth a shot of proposing something.

Thanks.

Well, one thing I can tell you is that she is no longer a CPA unless she kept up with the continuing education requirements. The field of financial accounting has changed so dramatically in the last 10 years that she would literally have to go back to school and then re-sit the CPA exam if she ever wanted to practise as a CPA again.

She could get an entry level accounting job but those do not pay a great deal of money.

An OH family law attorney that posts here states that alimony in OH is normally for anywhere between 1/3 to 1/2 the length of the marriage.

Worst case scenario for alimony, deduct what you would have to pay for child support from your income and then take 1/2 of the remainder. However that's worst case, and I have rarely seen worst case happen.

 

[ems8989]

If we are shared parenting 50/50, why would I pay child support AND split the remaining income 50/50? If I split my income 50/50 to start with, then we are using equal funds to support the kids which is 50/50 time. Any more than that makes no sense. why would she need More money than me to support the kids?

 

[Ohiogal]

Well, one thing I can tell you is that she is no longer a CPA unless she kept up with the continuing education requirements. The field of financial accounting has changed so dramatically in the last 10 years that she would literally have to go back to school and then re-sit the CPA exam if she ever wanted to practise as a CPA again.

She could get an entry level accounting job but those do not pay a great deal of money.

An OH family law attorney that posts here states that alimony in OH is normally for anywhere between 1/3 to 1/2 the length of the marriage.

Worst case scenario for alimony, deduct what you would have to pay for child support from your income and then take 1/2 of the remainder. However that's worst case, and I have rarely seen worst case happen.

The BOLDED is incorrect. ALIMONY is figured first and then child support. Alimony is income that is included in a child support calculation.

OP, Where is your wife going to live after the divorce? Why do you believe you will get 50/50 custody with your wife?

 

[mistoffolees]

If we are shared parenting 50/50, why would I pay child support AND split the remaining income 50/50? If I split my income 50/50 to start with, then we are using equal funds to support the kids which is 50/50 time. Any more than that makes no sense. why would she need More money than me to support the kids?

The alimony she receives will be used in calculating child support. If you do have 50:50 and if the alimony is such as to equalize the incomes, then it is possible you wouldn't be paying any child support - at least until the alimony ends.

First things first:
1. What is best for the kids? Custody should ALWAYS be determined based on the best interest of the kids and not how much money you'd pay in child support.

2. Once custody is determined, visitation plan needs to be put into place.

3. Alimony will then be determined. Ask that the court impute income if she is not working.

4. Then, CS will be determined. Note that alimony sometimes changes over time. For example, it could be $3 K per month for the first 2 years, then $2 K per month for the next 2 years, then $1 K per month for the next two years. You need to take that into account when calculating CS.

 

[LdiJ]

The alimony she receives will be used in calculating child support. If you do have 50:50 and if the alimony is such as to equalize the incomes, then it is possible you wouldn't be paying any child support - at least until the alimony ends.

First things first:
1. What is best for the kids? Custody should ALWAYS be determined based on the best interest of the kids and not how much money you'd pay in child support.

2. Once custody is determined, visitation plan needs to be put into place.

3. Alimony will then be determined. Ask that the court impute income if she is not working.

4. Then, CS will be determined. Note that alimony sometimes changes over time. For example, it could be $3 K per month for the first 2 years, then $2 K per month for the next 2 years, then $1 K per month for the next two years. You need to take that into account when calculating CS.

Just a word of warning about the bolded. Those kinds of alimony plans can mess up the tax deductibility of alimony. So be careful.

 

[Ohiogal]

Just a word of warning about the bolded. Those kinds of alimony plans can mess up the tax deductibility of alimony. So be careful.

The norm in Ohio is to do the same amount per month for the duration UNLESS it is modifiable and sometime along the way it is modified.

 

[ems8989]

--> OP, Where is your wife going to live after the divorce? Why do you believe you will get 50/50 custody with your wife?

We are actually trying to figure out who moves out of the house. One may stay in the house and the other find a place. But regarding kids, we have verbally agreed to both continue to let the other be in the kids lives as much as possible. So we want to do 50/50 and even be flexible. We completely are in agreement on what is most important for the kids. They come first.

As far as the the courts imputing income, not sure how that works. We are trying to use a mediator if possible. But I assume that means we come up with the deal between just us. Not sure if we can do that if it involves imputing income. That sounds like I need a lawyer and then of course she will get one.

 

[mistoffolees]

Just a word of warning about the bolded. Those kinds of alimony plans can mess up the tax deductibility of alimony. So be careful.

The numbers were just an example.

For OP, the actual rules are here. Scroll down to 'recapture'.
Publication 504 (2010), Divorced or Separated Individuals