What is the name of your state (only U.S. law)? California
The facts:
Both parties have been trying to negotiate on reserved issues for the past couple of years. At first, Respondent wanted lifetime support of $750/mo, despite currently working for the for the USPS for over 14 years, with a salary of over $45k/yr. Respondent is now asking for $550/mo nonmodifiable support for the period of 6 years. Respondent has vowed to return to court every year to modify support if this is not agreed upon. Petitioner wants to finally end this, but is in the construction business as a Civil Engineer & nonmodifiable support doesn’t appear to be an ideal option in this struggling economy. Petitioner has consulted with 2 attorneys in the area that provided different answers. One said this was “fair” since there will be an end in sight & temporary support will be cut in half; the other said actual self-employment income would have to be discovered & since it’s been so long since the date of separation that more weight could be held on current income instead.
Pursuant to California Family Code section 4320: 1) Respondent has maintained a secure position for over 14 years with the USPS & doesn’t need retraining; 2) Respondent did not contribute to Petitioner’s education or training as a Civil Engineer; 3) Marital standard of living was very middle class through out most of the marriage; 4) There are no minor children to consider; 5) Petitioner has several health problems, including diabetes, & both parties are over 50; 5) No history of domestic violence.
1) Despite this being a marriage of long duration, doesn’t the court look down on lifetime support or the supported spouse making no effort of becoming self-supporting?
2) What would be a "fair" spousal support amount & duration under these following conditions?
3) Should Petitioner walk away with nearly all the debt & still have to pay additional spousal support?
4) This case was calendared for trial on 07/07/08, after 4 failed MSC, but Respondent was able to have the trial vacated without Petitioner's knowledge in order to extend her high temporary spousal support. Should Petitioner attempt to take this back to trial again at the 6th scheduled MSC on 11/10/08, or cut his losses to sign this seemingly 1-sided deal?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
The facts:
* Marriage of long duration with parties married 05/02/81, agreed upon separation date of 05/01/00, & petition filed by husband on 07/11/05.
* Petitioner, ex-husband, has been providing financial support (ranging from $750-$1400/mo) to Respondent, wife, every month since the separation date of 05/01/00, primarily due to their youngest son living with her until 09/06. Petitioner stopped paying Respondent on 05/01/00 when their youngest son moved out & she obtained a temporary support order in the amount of $1,001/mo, based on his current income that has significantly increased since date of separation.
* Wages at & prior to separation as follows: Petitioner 2000=$77,734, 1999=$50,091, 1998=$7,623, 1997=$30k est., 1996=$32,108, 1995=$28,210. Respondent 2000=$30,695, 1999=$25,851, 1998=$28,939, 1997=$26k est., 1996=$23,650, 1995=$19,830. Petitioner’s income was all self-employment salary, with the exception of 2000, so the exact amount of total income is unclear.
* Marital status was terminated on 08/07/07, but parties are still trying to negotiate a Stipulated Judgment on all other issues. It is agreed, but currently absent a written agreement, that Respondent keeps all community property (approx. value $34.5k) with the exception of Petitioner’s 401k (approx. value $2,300). Respondent would bear approx. $44.7k of community debt, while Petitioner would bear over $232k of community debt. Majority of Petitioner’s debt is due to failed business expenses including taxes & more that must be consolidated.Both parties have been trying to negotiate on reserved issues for the past couple of years. At first, Respondent wanted lifetime support of $750/mo, despite currently working for the for the USPS for over 14 years, with a salary of over $45k/yr. Respondent is now asking for $550/mo nonmodifiable support for the period of 6 years. Respondent has vowed to return to court every year to modify support if this is not agreed upon. Petitioner wants to finally end this, but is in the construction business as a Civil Engineer & nonmodifiable support doesn’t appear to be an ideal option in this struggling economy. Petitioner has consulted with 2 attorneys in the area that provided different answers. One said this was “fair” since there will be an end in sight & temporary support will be cut in half; the other said actual self-employment income would have to be discovered & since it’s been so long since the date of separation that more weight could be held on current income instead.
Pursuant to California Family Code section 4320: 1) Respondent has maintained a secure position for over 14 years with the USPS & doesn’t need retraining; 2) Respondent did not contribute to Petitioner’s education or training as a Civil Engineer; 3) Marital standard of living was very middle class through out most of the marriage; 4) There are no minor children to consider; 5) Petitioner has several health problems, including diabetes, & both parties are over 50; 5) No history of domestic violence.
1) Despite this being a marriage of long duration, doesn’t the court look down on lifetime support or the supported spouse making no effort of becoming self-supporting?
2) What would be a "fair" spousal support amount & duration under these following conditions?
3) Should Petitioner walk away with nearly all the debt & still have to pay additional spousal support?
4) This case was calendared for trial on 07/07/08, after 4 failed MSC, but Respondent was able to have the trial vacated without Petitioner's knowledge in order to extend her high temporary spousal support. Should Petitioner attempt to take this back to trial again at the 6th scheduled MSC on 11/10/08, or cut his losses to sign this seemingly 1-sided deal?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?