SS/Maintenance Amount

[ohiostate]

What is the name of your state? State: Missouri.

Married 9 years when separated and have two children (age 8 and 5). Seperated June 06. I am still going thru divorce preceeding. There are no adultery issues.

I make $80k as a degreed engineer. My STBX was currently at home with the kids but now is back to work as a teacher making $25k.

STBX worked outside the home about 3 of the first 9 years as legal secretary and then medical office admin assistant. She is already educated and has a bachelors degree in education. During our marriage she chose to not go back into teachers because of a bad experience she had with her first job.

Now my STBX is saying since she has not worked in her field she should get maintenance support. She want $1,000 maintenance per month. I had offered in a proposal $500 per month for one year until she is able to refinance the house in her name. Because of the high equity in the home vs. my marriage retirements fund, she will give me $24k in buyout equity and have a lower house payment. (I put $40,000 of my non-marital funds into the purchase of our first home which is now commingled I know.)The child support will be $1,122 per month which I am more than willing to pay.

Am I wrong in thinking that seems high? My STBX would not tell how long she wants maintenance. What is a reasonable amount and length of time for maintenance for my situation?What is the name of your state?

 

[LdiJ]

What is the name of your state? State: Missouri.

Married 9 years when separated and have two children (age 8 and 5). Seperated June 06. I am still going thru divorce preceeding. There are no adultery issues.

I make $80k as a degreed engineer. My STBX was currently at home with the kids but now is back to work as a teacher making $25k.

STBX worked outside the home about 3 of the first 9 years as legal secretary and then medical office admin assistant. She is already educated and has a bachelors degree in education. During our marriage she chose to not go back into teachers because of a bad experience she had with her first job.

Now my STBX is saying since she has not worked in her field she should get maintenance support. She want $1,000 maintenance per month. I had offered in a proposal $500 per month for one year until she is able to refinance the house in her name. Because of the high equity in the home vs. my marriage retirements fund, she will give me $24k in buyout equity and have a lower house payment. (I put $40,000 of my non-marital funds into the purchase of our first home which is now commingled I know.)The child support will be $1,122 per month which I am more than willing to pay.

Am I wrong in thinking that seems high? My STBX would not tell how long she wants maintenance. What is a reasonable amount and length of time for maintenance for my situation?What is the name of your state?

One general rule of thumb for the length of maintenance is 1/2 of the length of the marriage....your marriage is just barely long enough where alimony is a possible factor.

A worst case scenario for the amount of maintenance could be:

80k minus the yearly amount of child support is (rounded) 66.5k
The difference between 66.5k and 25k is 41.5k
41.5k divided by 2 is roughly 21k.....or 1739.00 a month

So, what she is proposing is significantly less than the worst case scenario. What you are proposing is drastically less than the worst case scenario.

What does your attorney say on this issue? If the answer to that is that you don't have an attorney...well, that's probably not a very good idea. Both of you need attorneys.

Also, maintenance (alimony) is an above the line tax deduction for you, and taxable income for her. Child support is not.

So...if you offered to agree to 1000.00 for maintenance if she agreed to 1000.00 for child support, that might be a good compromise.

 

[Bali Hai]

One general rule of thumb for the length of maintenance is 1/2 of the length of the marriage....your marriage is just barely long enough where alimony is a possible factor.

A worst case scenario for the amount of maintenance could be:

80k minus the yearly amount of child support is (rounded) 66.5k
The difference between 66.5k and 25k is 41.5k
41.5k divided by 2 is roughly 21k.....or 1739.00 a month

So, what she is proposing is significantly less than the worst case scenario. What you are proposing is drastically less than the worst case scenario.

What does your attorney say on this issue? If the answer to that is that you don't have an attorney...well, that's probably not a very good idea. Both of you need attorneys.

Also, maintenance (alimony) is an above the line tax deduction for you, and taxable income for her. Child support is not.

So...if you offered to agree to 1000.00 for maintenance if she agreed to 1000.00 for child support, that might be a good compromise.

She goes down $122 on the child support and he comes up $500 on the alimony?? Tax deductible or not he's on the losing side of the deal. You must think men are all a bunch of morons!

OP has offered a generous amount of alimony based on the wifes education, earning history and earning potential.

 

[ohiostate]

LdiJ,

Are you saying I have to put $1738 in maintenance plus $1122 in CS for a total of $2860/month ($34,320 per year). (The $80k & $25k salaries I have listed are before taxes.) I think that is really high but I am extremely bias.

We both have attorneys. My attorney suggested the $500/month for 1 year until she refinances. But there are some mis-communication between the attorneys on whether my STBX actually wanted maintenance. I have not been able talk to attorney yet what my STBX is wanting in maintenance. My STBX would not tell how long she wanted the maintenance.

Thanks for the information.

 

[nextwife]

Many people work outside their field. I have many customers in banking and real estate whose degrees or prior work experience was in totally unrelated fields.

That doesn't automatically mean someone else should have to support them. My dad had a Juris Doctorate and CHOSE to do something else instead, something he enjoyed more. That was his CHOICE, and he alone made that decision, as was his right. Did wife CHOOSE to not work in her field, or did you pressure her not to?

Did YOU interfere with her working in her field? Had she already passed up opportunities to work in her field when you married her?



Fight the alimony if she decided on her own to keep passing up opportunities to work in her field or never pursue her field.

 

[ohiostate]

I was very supportive in her getting out of her field. I did not tell to get out of it. In fact, I told her she was an excellent teacher. (I saw a video of her student teaching.) It was totally her decision.

 

[Bali Hai]

LdiJ,

Are you saying I have to put $1738 in maintenance plus $1122 in CS for a total of $2860/month ($34,320 per year). (The $80k & $25k salaries I have listed are before taxes.) I think that is really high but I am extremely bias.

We both have attorneys. My attorney suggested the $500/month for 1 year until she refinances. But there are some mis-communication between the attorneys on whether my STBX actually wanted maintenance. I have not been able talk to attorney yet what my STBX is wanting in maintenance. My STBX would not tell how long she wanted the maintenance.

Thanks for the information.

First put a gag order on your attorney from talking to the other attorney about anything you have not discussed previously with h/she!

Second, insist that the other attorney puts demands in writing.

 

[LdiJ]

LdiJ,

Are you saying I have to put $1738 in maintenance plus $1122 in CS for a total of $2860/month ($34,320 per year). (The $80k & $25k salaries I have listed are before taxes.) I think that is really high but I am extremely bias.

We both have attorneys. My attorney suggested the $500/month for 1 year until she refinances. But there are some mis-communication between the attorneys on whether my STBX actually wanted maintenance. I have not been able talk to attorney yet what my STBX is wanting in maintenance. My STBX would not tell how long she wanted the maintenance.

Thanks for the information.

I said WORST CASE SCENARIO. That doesn't mean that I personally think its fair or right, just that its a worst case scenario.

 

[CJane]

It is HIGHLY unlikely that a working spouse in MO with a marriage of less than 10 years would get ANY support. ESPECIALLY if they've been separated for a year.

OP ~ This is the official child support calculator for MO. Use it to determine the child support amount you're likely to end up with.

http://www.williamquick.com/demo/form14v2.xls