Support based on disposable income?

[zephyre]

I live in Ohio and am going through a divorce. I am also self employed. The economy has turned rather bad for me as well as many others and my income is currently half what it was a couple years ago. My wife wants me to continue to pay spousal support based on temporary orders from the judge. Essentially I just don't have the money. I have been sending her the cash instead of paying my own bills and falling further and further behind.

My question is that how will the judge determine spousal support? Is it based on disposable income. Its not that I don't want to help my wife, she has a very limited skillset and will probably make very little money at least initially. Its just that currently my only choice is to send her the money I would send for my real-estate taxes (which I have been doing for the last year) and I dont want to loose my home over this. I have all the documentation to prove all the above facts.

Any thoughts here?

[LdiJ]

Originally Posted by zephyre

I live in Ohio and am going through a divorce. I am also self employed. The economy has turned rather bad for me as well as many others and my income is currently half what it was a couple years ago. My wife wants me to continue to pay spousal support based on temporary orders from the judge. Essentially I just don't have the money. I have been sending her the cash instead of paying my own bills and falling further and further behind.

My question is that how will the judge determine spousal support? Is it based on disposable income. Its not that I don't want to help my wife, she has a very limited skillset and will probably make very little money at least initially. Its just that currently my only choice is to send her the money I would send for my real-estate taxes (which I have been doing for the last year) and I dont want to loose my home over this. I have all the documentation to prove all the above facts.

Any thoughts here?

How long have you been married? What is your annual income?

[zephyre]

married for 10 years but separated for 16 months. My anual income is about $40k i guess. It used to be $80k but as I said thing are getting very tight. I did a HUD evaluation to figure out my finances and I am a little over $200 behind in paying bills every month. That means every month I am at least $200 short of expenses. Trying to generate new business but thats where it stands.

[Ohiogal]

Originally Posted by zephyre

I live in Ohio and am going through a divorce. I am also self employed. The economy has turned rather bad for me as well as many others and my income is currently half what it was a couple years ago. My wife wants me to continue to pay spousal support based on temporary orders from the judge. Essentially I just don't have the money. I have been sending her the cash instead of paying my own bills and falling further and further behind.

My question is that how will the judge determine spousal support? Is it based on disposable income. Its not that I don't want to help my wife, she has a very limited skillset and will probably make very little money at least initially. Its just that currently my only choice is to send her the money I would send for my real-estate taxes (which I have been doing for the last year) and I dont want to loose my home over this. I have all the documentation to prove all the above facts.

Any thoughts here?

YOu have the wrong idea about spousal support. Finplan takes into consideration a budget for FIXED expenses. Then DISCRETIONARY income (which is different than DISPOSABLE income) is used in determining spousal support. HOWEVER temporary orders must be followed until changed.

A 3 to 1 ratio is how many counties work spousal support.

married for 10 years but separated for 16 months. My anual income is about $40k i guess. It used to be $80k but as I said thing are getting very tight. I did a HUD evaluation to figure out my finances and I am a little over $200 behind in paying bills every month. That means every month I am at least $200 short of expenses. Trying to generate new business but thats where it stands.

You are looking at paying spousal support for 40 months approximately. As for the house, can you afford to pay your wife's portion of the home equity and refinance the house? If not then the house will be ordered sold. Also what other debt exists? What other assets?

Motion the court to modify spousal support based on change in income.

[zephyre]

There is no home equity and in fact there is a 40k lein on the home (speaking of debt). Selling won't work since we'd have to pay the lein imediately. I am willing to accept all debt since she cannot afford to pay any of it. My fixed (FIXED) expenses amount to about $3000/mo and my income is currently about $2800 and building (as I develop more work). The only assets outside the home is a camper/campground (plot of land) which she wants me to relinquish. The land was hers prior to marriage, the camper was mine prior to marraige (est. $8,000 value to the camper) and a golf cart we purchased together after the one she had initially died (est. $1200).

I know this all sounds really low in terms of assets and values but thats the kicker. On top of this and my current financial struggles she wants more.

[Ohiogal]

Originally Posted by zephyre

There is no home equity and in fact there is a 40k lein on the home (speaking of debt). Selling won't work since we'd have to pay the lein imediately. I am willing to accept all debt since she cannot afford to pay any of it. My fixed (FIXED) expenses amount to about $3000/mo and my income is currently about $2800 and building (as I develop more work). The only assets outside the home is a camper/campground (plot of land) which she wants me to relinquish. The land was hers prior to marriage, the camper was mine prior to marraige (est. $8,000 value to the camper) and a golf cart we purchased together after the one she had initially died (est. $1200).

I know this all sounds really low in terms of assets and values but thats the kicker. On top of this and my current financial struggles she wants more.

If your wife is on the mortgage how do you plan to refinance? What are you including in your fixed expenses? How did you get the value of the CAMPER?

[zephyre]

I cannot refinance. Yes she is on the mortgage. But refinance is out of the question. No equity anyhow.

Est on camper is going rates on recent sales.

Fixed expenses are

Mort,
Utilities,
Insurance,
one loan,
and I included 200/mo food/gas (low I know)
did not include
Cable (don't have it anyhow)
Internet services

[Ohiogal]

I cannot refinance. Yes she is on the mortgage. But refinance is out of the question. No equity anyhow.

Do not expect to keep the house then.

Est on camper is going rates on recent sales.

You need the camper appraised.

Fixed expenses are

Mort,

Yes.

Utilities,

Nope. Those fluctuate and you can control how much you use.

Insurance,

health or car? Or both?

one loan,

For what?

and I included 200/mo food/gas (low I know)

Nope. not fixed. You can control how much you spend on those.

did not include
Cable (don't have it anyhow)
Internet services

Not necessities and may be thrown out as not fixed expenses.

[zephyre]

She already "gave" me the house. Either way using minimal of anything I am $200 behind every month. I have already paid support based on temp orders for 18mos. The loan is a signature loan for consolidation. I am no interested in providing exact amounts here. Just assume what I say is the truth. If that is the case, I am looking for suggestions/advice etc.

She also has 2 kids that I raised for 10 years and they are now either out of college or just about to enter. Step kids to me.

[Ohiogal]

Originally Posted by zephyre

She already "gave" me the house. Either way using minimal of anything I am $200 behind every month. I have already paid support based on temp orders for 18mos. The loan is a signature loan for consolidation. I am no interested in providing exact amounts here. Just assume what I say is the truth. If that is the case, I am looking for suggestions/advice etc.

She also has 2 kids that I raised for 10 years and they are now either out of college or just about to enter. Step kids to me.

Please re-read what I have stated. I have told you what is considered fixed and what is not. What the loan was for matters to determine if it is a fixed expense. I also told you what you could do.