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  #1  
Old 04-04-2006, 11:16 AM
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Join Date: Nov 2005
Posts: 32
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Under 45 days and Maint. Preperation!


What is the name of your state? Colorado

Just a few questions regarding maintence. Stbx has not worked in two years and the marriage is in its tenth year. She has both a Bachelors and Masters degree from Ivy league schools and has worked various jobs(including management). She states that she has been looking for work during the temporary period, but I have no clue! I'll give her the benefit of the doubt. She is currently taking care of a 3 year old while the other child is at school. The attorneys had to write our temporary agreement as "family support" of $2000/MO. This is because we are single income and have to use savings to survive in two housholds. I have been told by attormey that I will most likely have to make some decisions in regards to maintence. Here are some of my questions:

1. How long would maintence be order? If $2000/MO is 65% of my take home could this be order? That could leave with less than $1300/MO or more after child support! I can't even qualify for a house or would leave me about $600 or $700 a month for rent (not likely in my area).

2. I also uderstand that judges cannot order "non-modifable" maintenance?

3. Since she most likely will not have job by final decree how much of her old wages could be used to show income to her? (last job for her was about $48K/Yr in 2003)

4. She wants to use angle with her attorney that she support me during my college days (about 6 yrs during the marriage) for argument of support. Do they consider this? (I worked the entire time I went to college and have proof and I helped pay the bills. I also had scholarships and company paid masters degree).

5. My attorney says that usuall one party "waives there right for maintence". I think is usually the guy. Why must I do this? I told my attorney that is unfair. If I loose my job and I am forced to work at lower wages than her in the future it seems like maintence could go the other way?

6. Anyone have good advice on making decisions about non-modifable maintence, lump sum, and modifable maintence?

Thanks,
extremeCO
  #2  
Old 04-04-2006, 01:45 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,742
Talk to your attorney. That is what you are paying him or her for. Your attorney KNOWS FAR MORE ABOUT YOUR CASE THEN WE DO!
  #3  
Old 04-04-2006, 05:26 PM
Senior Member
 
Join Date: Nov 2005
Posts: 4,244
Quote:
Originally Posted by extremeCO
What is the name of your state? Colorado

Just a few questions regarding maintence. Stbx has not worked in two years and the marriage is in its tenth year. She has both a Bachelors and Masters degree from Ivy league schools and has worked various jobs(including management). She states that she has been looking for work during the temporary period, but I have no clue! I'll give her the benefit of the doubt. She is currently taking care of a 3 year old while the other child is at school. The attorneys had to write our temporary agreement as "family support" of $2000/MO. This is because we are single income and have to use savings to survive in two housholds. I have been told by attormey that I will most likely have to make some decisions in regards to maintence. Here are some of my questions:

1. How long would maintence be order? If $2000/MO is 65% of my take home could this be order? That could leave with less than $1300/MO or more after child support! I can't even qualify for a house or would leave me about $600 or $700 a month for rent (not likely in my area).

2. I also uderstand that judges cannot order "non-modifable" maintenance?

3. Since she most likely will not have job by final decree how much of her old wages could be used to show income to her? (last job for her was about $48K/Yr in 2003)

4. She wants to use angle with her attorney that she support me during my college days (about 6 yrs during the marriage) for argument of support. Do they consider this? (I worked the entire time I went to college and have proof and I helped pay the bills. I also had scholarships and company paid masters degree).

5. My attorney says that usuall one party "waives there right for maintence". I think is usually the guy. Why must I do this? I told my attorney that is unfair. If I loose my job and I am forced to work at lower wages than her in the future it seems like maintence could go the other way?

6. Anyone have good advice on making decisions about non-modifable maintence, lump sum, and modifable maintence?

Thanks,
extremeCO
When it comes to divorce, the system takes care of women.

You obviously have detected this attitude in YOUR attorney, or you won't be asking an internet site about his/her credibility.
  #4  
Old 04-05-2006, 03:28 PM
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Join Date: Nov 2005
Posts: 32

Re


Quote:
Originally Posted by Bali Hai
When it comes to divorce, the system takes care of women.

You obviously have detected this attitude in YOUR attorney, or you won't be asking an internet site about his/her credibility.
Bali Hai it is apparent of your SEX! You would also scream "equal rights", "women and men are created equal" and so forth when it is to your advantage. Enough of the bashing!

I have confidence in my attorney (female), but merely ask the questions to get a feel of what is common in these cases. I and not my attorney is the final say in what I agree to and the more information that I have the better sound judgement I can make. You would do the same...

PS: stbx is the one leaving the marriage, not me! stbx has the boyfriend. stbx is well educated and had plenty of work experience and should be able to support herself, but of course that is the argument....
  #5  
Old 04-05-2006, 04:00 PM
Senior Member
 
Join Date: Nov 2005
Posts: 4,244
Quote:
Originally Posted by extremeCO
Bali Hai it is apparent of your SEX! You would also scream "equal rights", "women and men are created equal" and so forth when it is to your advantage. Enough of the bashing!

I have confidence in my attorney (female), but merely ask the questions to get a feel of what is common in these cases. I and not my attorney is the final say in what I agree to and the more information that I have the better sound judgement I can make. You would do the same...

PS: stbx is the one leaving the marriage, not me!

Not relevant.

stbx has the boyfriend.

Not relevant.

stbx is well educated and had plenty of work experience and should be able to support herself, but of course that is the argument....
Now that is something a good divorce attorney is capable of taking advantage of.
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