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09-09-2007, 02:51 AM
| | Junior Member | | Join Date: Sep 2007
Posts: 1
| | | Alimony vs Domestic Violence
What is the name of your state? California.
Hello - I have a question:
I've been married for 12 years. I earn 95K a year - my soon to be ex-wife (stay at home for 10 years) - just started working for $30K a year.
She just pled guilty to Misdemeanor domestic violence (the weapons charge was dropped in court - scissors thrown at me).
She's been abusive for years - since we discussed the divorce it got worse.
I'll be getting 100% legal custody of our 10 year old daughter and visitation rights will be hashed out in court.
Question:
How much do I have to pay and for how long?
Thanks,
S |
09-09-2007, 05:52 AM
| | Senior Member | | Join Date: Jan 2006
Posts: 9,771
| | | no one can answer that question. Spousal support is basically left up to the judge hearing the case.
I certainly hope that you are petitioning for child support. |
09-09-2007, 05:53 AM
| | Senior Member | | Join Date: May 2003
Posts: 2,607
| | | California is a community property state so you will have to divide the property. There is also the issue of child support. Since you will have 100% custody, she will be responsible for paying you child support. All of this needs to be discussed with your attorney since the issues are very complex. |
09-09-2007, 07:57 AM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,248
| | Quote:
Originally Posted by sgeorge1701  What is the name of your state? California.
Hello - I have a question:
I've been married for 12 years. I earn 95K a year - my soon to be ex-wife (stay at home for 10 years) - just started working for $30K a year.
She just pled guilty to Misdemeanor domestic violence (the weapons charge was dropped in court - scissors thrown at me).
She's been abusive for years - since we discussed the divorce it got worse.
I'll be getting 100% legal custody of our 10 year old daughter and visitation rights will be hashed out in court.
Question:
How much do I have to pay and for how long?
Thanks,
S | Not only were you a victim of DV, you are henpecked and brainwashed. These women got you right where they want you for you to even ask that question.
Don't even ask your attorney that question or you'll be paying more for longer.
Your question should be: Since she has a good job and won't need any additional support, how much child support will I be getting? |
09-09-2007, 11:31 AM
| | Senior Member | | Join Date: May 2004
Posts: 41,368
| | Quote:
Originally Posted by Bali Hai Not only were you a victim of DV, you are henpecked and brainwashed. These women got you right where they want you for you to even ask that question.
Don't even ask your attorney that question or you'll be paying more for longer.
Your question should be: Since she has a good job and won't need any additional support, how much child support will I be getting? | 30k in CA would barely pay for rent somewhere. |
09-09-2007, 02:24 PM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,248
| | Quote:
Originally Posted by LdiJ 30k in CA would barely pay for rent somewhere. | Well that's her problem now isn't it?? |
09-09-2007, 03:06 PM
| | Senior Member | | Join Date: Jan 2006
Posts: 9,771
| | Quote:
Originally Posted by Bali Hai Not only were you a victim of DV, you are henpecked and brainwashed. These women got you right where they want you for you to even ask that question.
Don't even ask your attorney that question or you'll be paying more for longer.
Your question should be: Since she has a good job and won't need any additional support, how much child support will I be getting? | "THESE WOMEN"???? how many wives does he have???  |
09-09-2007, 06:43 PM
| | Senior Member | | Join Date: May 2004
Posts: 41,368
| | Quote:
Originally Posted by Bali Hai Well that's her problem now isn't it?? | Its also his.....they have a fairly long term marriage and he makes 3 times the money she makes....and she was a sahm. You may not like it, but its reality. She is highly likely to get some short term alimony. |
09-09-2007, 08:30 PM
| | Senior Member | | Join Date: Dec 2005 Location: Ohio
Posts: 31,762
| | Quote:
Originally Posted by LdiJ Its also his.....they have a fairly long term marriage and he makes 3 times the money she makes....and she was a sahm. You may not like it, but its reality. She is highly likely to get some short term alimony. | Which should increase the amount of child support she would have to pay him as it would be considered HER income.
__________________
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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09-09-2007, 08:34 PM
| | Senior Member | | Join Date: Jan 2006
Posts: 9,771
| | Quote:
Originally Posted by Ohiogal Which should increase the amount of child support she would have to pay him as it would be considered HER income. | That should make Bali's day!!!  |
09-09-2007, 08:39 PM
| | Senior Member | | Join Date: May 2004
Posts: 41,368
| | Quote:
Originally Posted by Ohiogal Which should increase the amount of child support she would have to pay him as it would be considered HER income. | That's assuming that he is correct that he will get custody...that may very well be true, but its not automatically a given. |
09-09-2007, 09:27 PM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,248
| | Quote:
Originally Posted by LdiJ Its also his.....they have a fairly long term marriage and he makes 3 times the money she makes....and she was a sahm. You may not like it, but its reality. She is highly likely to get some short term alimony. | The other side:
He makes the money he makes because HE EARNS it!
She was a sahm because SHE choose to do that INSTEAD of EARNING her way.
You may not like it, but it's reality. | |
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