Divorce question

[Bali Hai]

I am looking at the info about spousal support. I forgot to mention she has a CD worth about $15k that she had before we married. Would this possibly play a factor in determining support?

Yes of course it would. You can plan on one less payment!

 

[mistoffolees]

There is no alimony in the state of TX. Not trying to be rude, just no such animal here. LOL it's called spousal maintenance and meant usually only to be a temporary award.

'Spousal support' and 'alimony' are used interchangeably.

 

[Bali Hai]

I can't give you a figure regarding spousal maintenance. As I said there is no Alimony awarded in TX. It's called spousal maintenance. Generally a short time thing. As I suggested you can look up the family code I gave you. It should provide answers as to for what reasons spousal maintenance is ordered and the term of spousal maintenance.

As far as the cars go. If there are two cars it is most likely that she will be awarded one. If she is you will need to think about how to address it if the car is financed in your name. If it's owned free and clear there should be no problem. Other things to think about and talk about should you decide to move forward and hire an attorney.
about should you decide to move forward and hire an attorney.

Will you please stop with that already???

These wordsmith's can call it anything they want in an effort to take the "sting" out of paying. It is ALIMONY!!!

 

[penelope10]

'Spousal support' and 'alimony' are used interchangeably.

LOL! Well I live in TX. It's called maintenance in the Family Code. The word alimony is not used in decrees here. It's only within the past ten years that this type of maintenance existed. I would love to see an attorney, or anyone else, go before a judge in TX and ask for alimony. The judge's head would probably explode.

Best to let OP's know the correct terminology to use based on the region they live in and the climate of the courts. Keeps them from stepping in it when they get before a judge.

 

[tbraquet]

Actually I am not really concerned with what it is called that's what an attorney is for. All I want to know is what to expect during the process and what my outcome would possibly be. I do really appreciate all of ya'll comments and information.

 

[penelope10]

Will you please stop with that already???

These wordsmith's can call it anything they want in an effort to take the "sting" out of paying. It is ALIMONY!!!

Well Bali if it makes you feel better, if a woman (or man) appeared before a Judge here and asked for ALIMONY they'd probably get a smack down. And there are pretty clear definitions of who can get maintenance. No usage of the words long term marriage. Marriage must be for more than 10 years. There are very few exceptions. Those exceptions are spelled out clearly. In most cases, the longest one can get maintenance in TX is 3 years. Unless in the case of a disabled spouse or a spouse supporting a disabled child. And unlike some other states---there is a ceiling on how much can be paid. And in the case of support being paid out for over 3 years the maintenance can be MODIFIED---as in the case of a spouse getting maintenance due a disability. Maintenance can be stopped if the disability no longer exists. Like I said it's Chapter 8 of the Tx Family Code. Pretty interesting reading.

In another post I gave what I believe are the reasons why the TX Courts started maintenance. (Because TX doesn't have State Income Tax and doesn't want State Income Tax). SM in TX is for rehabilitative purposes only generally. If an ex spouse can retrain, they stand a better chance of not adding to the burden of counties that provide social services. Services that are stretched to the limits already in TX for a variety of reasons.

Now it may come out of the pocket of the ex spouse. But it doesn't come out of the pocket of the TAXPAYERS. And much as we hate maintenance here, we hate the idea of having a State Income Tax a whole lot more.

 

[tbraquet]

While I like all the info given, I did not intend to have my thread began a vocabulary bickering war. Sorry I opened a can of worms. LOL

 

[Ohiogal]

Her name is not on the mortgage, only the deed. She was not considered in the mortgage process at all.

Then she owns the house and you will have to buy her out as the gift was a gift to BOTH of you.

 

[Ohiogal]

That simplifies things to a great extent. However she will have to sign a quit claim deed to be taken off the deed.

You should have a real estate appraiser do an appraisal on the home. The difference between the mortgage balance and the appraised value is your equity.

On the paper your parents signed regarding the gift.....by any chance did it specify both you and your wife's name? If it did, then its not a separate gift to you.

It is her house as well and she is an owner. Doesn't matter about the gift for the downpayment -- she is on the deed and hence it was also a gift to her. Because even if it was a gift just to him by him having her on the deed he gifted her that portion of the dobwnpayment as well. She doesn't have to sign a quit claim deed until a court ORDERS her to do so. He can also be responsible for buying HER out of the mortgage if the court awards her the home.

 

[Bali Hai]

Well Bali if it makes you feel better, if a woman (or man) appeared before a Judge here and asked for ALIMONY they'd probably get a smack down.

I realize the judges are part of the effort to get rid of the word "alimony" because it has possible negative connotations. They can run their court anyway they like, but, they aren't bullsh!ting anyone but themselves!!!

And there are pretty clear definitions of who can get maintenance. No usage of the words long term marriage. Marriage must be for more than 10 years. There are very few exceptions. Those exceptions are spelled out clearly. In most cases, the longest one can get maintenance in TX is 3 years. Unless in the case of a disabled spouse or a spouse supporting a disabled child. And unlike some other states---there is a ceiling on how much can be paid. And in the case of support being paid out for over 3 years the maintenance can be MODIFIED---as in the case of a spouse getting maintenance due a disability. Maintenance can be stopped if the disability no longer exists. Like I said it's Chapter 8 of the Tx Family Code. Pretty interesting reading.

In another post I gave what I believe are the reasons why the TX Courts started maintenance. (Because TX doesn't have State Income Tax and doesn't want State Income Tax). SM in TX is for rehabilitative purposes only generally. If an ex spouse can retrain, they stand a better chance of not adding to the burden of counties that provide social services. Services that are stretched to the limits already in TX for a variety of reasons.

Now it may come out of the pocket of the ex spouse. But it doesn't come out of the pocket of the TAXPAYERS. And much as we hate maintenance here, we hate the idea of having a State Income Tax a whole lot more.

Chances are 50/50 that the "TAXPAYERS" (who voted in the legislators btw) may one day be ordered to pay spousal maintenance (ALIMONY!) When enough of them are ordered to do so, it will be interesting to see what happens.

 

[LdiJ]

It is her house as well and she is an owner. Doesn't matter about the gift for the downpayment -- she is on the deed and hence it was also a gift to her. Because even if it was a gift just to him by him having her on the deed he gifted her that portion of the dobwnpayment as well. She doesn't have to sign a quit claim deed until a court ORDERS her to do so. He can also be responsible for buying HER out of the mortgage if the court awards her the home.

Its really likely to be a moot point, because there probably isn't any equity.

Also, the bolded part doesn't make sense. Did you mean to say something else?

 

[mistoffolees]

Chances are 50/50 that the "TAXPAYERS" (who voted in the legislators btw) may one day be ordered to pay spousal maintenance (ALIMONY!) When enough of them are ordered to do so, it will be interesting to see what happens.

50:50? You're even more delusional than I thought.

 

[Ohiogal]

Its really likely to be a moot point, because there probably isn't any equity.

Also, the bolded part doesn't make sense. Did you mean to say something else?

Reverse it -- he can be responsible for buying her out of the house if he is awarded the home. But it doesn't matter about the down payment being a gift since SHE is on the deed. he gifted it to her as well.

 

[penelope10]

Chances are 50/50 that the "TAXPAYERS" (who voted in the legislators btw) may one day be ordered to pay spousal maintenance (ALIMONY!) When enough of them are ordered to do so, it will be interesting to see what happens.

LOL! That may be true. I think in general what has kept people here from being up in arms about the maintenance thing is that there is a time constraint on it. Now you want to get a Texan p.o.ed? Tell them that you support something called Robin Hood.(Involves property taxes). Then be prepared to run for your life!

 

[Bali Hai]

50:50? You're even more delusional than I thought.

I was referring to the MARRIED taxpayers. And you are right, the divorce rate is OVER 50% now as a direct result of the efforts of the women's movement.

Odds are over 50% that these taxpayers COULD be paying alimony sometime in the future. (that would be spousal maintenance in Texas of course)