In court arguments for no support

[stealth2]

Her take home pay is $1700 every 2 wks, my take home is $5K every month ( I get paid monthly).

Not if y'all make how much you originally stated. $14/hr equates to ~$29k/yr, or $1120/pay period. Gross.

 

[tiggerrick]

You might get her to AGREE to not take alimony if you could offer her a significant amount of liquid assets in addition to her share of the marital assets...so that she could supplement her income for a few years with the additional assets. To me, that isn't logical. What if you did that and she remarried in a year? You would have thrown away a significant amount of liquid assets for nothing.

That's a good point - though I doubt that would happen, I suppose it COULD happen. Had not thought of that.

RE: Income: Sorry, I meant to say 1700 every 4 weeks.

Yesterday I got a nasty surprise. Since next year I will have to file as 'single', I changed my deductions at work to single with 2 dependents (to account for the mortgage - I never get to claim my son.) My take home pay dropped to $4400 after all deductions...Now the tax man is getting his hand further down my pocket too. DIVORCE SUCKS.

 

[LdiJ]

That's a good point - though I doubt that would happen, I suppose it COULD happen. Had not thought of that.

RE: Income: Sorry, I meant to say 1700 every 4 weeks.

Yesterday I got a nasty surprise. Since next year I will have to file as 'single', I changed my deductions at work to single with 2 dependents (to account for the mortgage - I never get to claim my son.) My take home pay dropped to $4400 after all deductions...Now the tax man is getting his hand further down my pocket too. DIVORCE SUCKS.

Yep, and that means that perhaps both houses should be sold so that you can both start over on a budget that makes more sense for your respective incomes.

 

[tiggerrick]

Additional Question

Does it hurt me or benefit me that I have a car payment and she doesn't?

In November during her drunk driving event, she TOTALED her car. Insurance payed HER $6K (which she didn't share with me.) She used the proceeds to buy a used vehicle for $2K. She now has NO monthly car payments.

I have owed an '06 Corvette since '06 and am making payments of $490/mo. Still have 3 years to go (7 year loan.) I also own a 1995 Nissan Pick up with 178k mi that may not live much longer.

 

[Ohiogal]

Does it hurt me or benefit me that I have a car payment and she doesn't?

In November during her drunk driving event, she TOTALED her car. Insurance payed HER $6K (which she didn't share with me.) She used the proceeds to buy a used vehicle for $2K. She now has NO monthly car payments.

I have owed an '06 Corvette since '06 and am making payments of $490/mo. Still have 3 years to go (7 year loan.) I also own a 1995 Nissan Pick up with 178k mi that may not live much longer.

No it does not matter that you have a car payment and she doesn't. The 2k used car may very well be MARITAL property. Was the car she totaled bought or paid for during the marriage? Was the insurance JOINT insurance?

 

[tiggerrick]

Yes, the car she total was paid during the marriage, and the insurance was a joint insurance, but I was NOT on title on the car. Her mother made most of the car payments, and she was paying her back when she got a job. I think the entire $6K was joint property, not just the 2K she used.

 

[LdiJ]

Yes, the car she total was paid during the marriage, and the insurance was a joint insurance, but I was NOT on title on the car. Her mother made most of the car payments, and she was paying her back when she got a job. I think the entire $6K was joint property, not just the 2K she used.

If her mother made most of the car payments, and she owes her mother for the car, then its hardly a joint asset.

 

[tiggerrick]

OR it's a joint debt, and we both owe her mother

Does the state of California use a standard calculator to determine spousal support much like child support is calculated? Also, is temporary support calculated differently during the beginning of the proceedings than when you finally dissolve the marriage?

 

[tiggerrick]

More questions

Judge calculated our YTD gross and used it to base income, entered figures in his program and calculated TEMPORARY spousal support of $2300/mo!!! That is HALF of my after taxes take home, and during the proceedings I could not understand why the court was stating that I made $9700/mo since January. After proceedings, I realized that my YTD included my monthly check for December which was issued Jan 1. (i.e. on Jan 1, my YTD gross was $6500) as well as my overtime for hours worked Dec. When I finally figured this out, I went to the legal assistance help desk and had them re-calculate what my support should be without these checks and the total is a more reasonable $1100/mo.

We will re-visit this issue in 90 days. How do I point this out to the court without causing myself harm?

What does the court mean by TEMPORARY support? When does the court make a FINAL support order?

 

[tiggerrick]

No one has any advice? I have to go back to court to fix this.