Imputing income

[MJA89]

What is the name of your state (only U.S. law)? FL

I'm in the midst of an ugly divorce following 20 years of marriage. My STBX worked little during the marriage, basically stayed at home. She has a college degree, is fluent in several languages, and just competed a paralegal certification course for which I paid. We are going into mediation, but she made it clear that she does not intend to budge on her demands, which amount to over 75% of my income. That, on top of the incredible debt she ran up while I was assigned oversees, goes way over my income. We have one minor child and I know that, in the CS calculus, her potential income may be imputed, but what about consideration for spousal support. I know I will be on the hook for something, at least for temporary/rehab support. She has also made it known in emails to me that she has no intention to seek employment until after the final decree. Just how does the court, specifically in FL look at this? What stance can I take in the mediation? Help!

 

[Proserpina]

What is the name of your state (only U.S. law)? FL

I'm in the midst of an ugly divorce following 20 years of marriage. My STBX worked little during the marriage, basically stayed at home. She has a college degree, is fluent in several languages, and just competed a paralegal certification course for which I paid. We are going into mediation, but she made it clear that she does not intend to budge on her demands, which amount to over 75% of my income. That, on top of the incredible debt she ran up while I was assigned oversees, goes way over my income. We have one minor child and I know that, in the CS calculus, her potential income may be imputed, but what about consideration for spousal support. I know I will be on the hook for something, at least for temporary/rehab support. She has also made it known in emails to me that she has no intention to seek employment until after the final decree. Just how does the court, specifically in FL look at this? What stance can I take in the mediation? Help!

I can't vouch for the veracity of this information, but it might give you a rough idea.

How to Calculate Alimony in the State of Florida | eHow.com

 

[MJA89]

That equation gave a frightening result. How about Florida precident for imputing income to the recipient who refuses to work? Is that something that is commonly done, or is she considered "without means to support" herself?

 

[Bali Hai]

That equation gave a frightening result. How about Florida precident for imputing income to the recipient who refuses to work? Is that something that is commonly done, or is she considered "without means to support" herself?

Yes it's commonly done to imput income, however, it's not done to women who refuse to work.

 

[MJA89]

Is there any way that she can be prodded/encouraged to find gainful employment? I mean, I don't mind supporting her until she gets on her feet and I do feel it's my responsibility, but it seems like there is no incentive for her to ever get a job. Let's face it, she's 43, educated and healthy. I'm not sure what mediation can accomplish at this point if the courts are going to hand her a permanent meal ticket. What happened to one of the determining factors for alimony being the recipient's ability to support themselves? Or am I being too progressive?

And yes, I do find myself looking in the mirror a lot these days and shouting ,"Stupid!"

As always, thank you for your help and advice.

 

[Bali Hai]

Is there any way that she can be prodded/encouraged to find gainful employment? I mean, I don't mind supporting her until she gets on her feet and I do feel it's my responsibility, but it seems like there is no incentive for her to ever get a job. Let's face it, she's 43, educated and healthy. I'm not sure what mediation can accomplish at this point if the courts are going to hand her a permanent meal ticket. What happened to one of the determining factors for alimony being the recipient's ability to support themselves? Or am I being too progressive?

And yes, I do find myself looking in the mirror a lot these days and shouting ,"Stupid!"

As always, thank you for your help and advice.

If the judge doesn't think she should support herself, then you will.

 

[Proserpina]

Is there any way that she can be prodded/encouraged to find gainful employment? I mean, I don't mind supporting her until she gets on her feet and I do feel it's my responsibility, but it seems like there is no incentive for her to ever get a job. Let's face it, she's 43, educated and healthy. I'm not sure what mediation can accomplish at this point if the courts are going to hand her a permanent meal ticket. What happened to one of the determining factors for alimony being the recipient's ability to support themselves? Or am I being too progressive?

And yes, I do find myself looking in the mirror a lot these days and shouting ,"Stupid!"

As always, thank you for your help and advice.

Don't become too downhearted just yet. Despite what you might have read elsewhere (or here, actually!), judges - even in Florida - will generally take into consideration the relative need of each party and their ability to support themselves before ruling on alimony, commonly including past work history and future earning potential as part of the calculation. And if one party is able but unwilling to work it will not win them any points and could actually sink their case completely.

Get thee to an attorney and cover your bases.

 

[Bali Hai]

Don't become too downhearted just yet. Despite what you might have read elsewhere (or here, actually!), judges - even in Florida - will generally take into consideration the relative need of each party and their ability to support themselves before ruling on alimony, commonly including past work history and future earning potential as part of the calculation. And if one party is able but unwilling to work it will not win them any points and could actually sink their case completely.

Get thee to an attorney and cover your bases.

There's a calculation? Where can one find the calculation criteria concerning alimony?

I'm familiar where the the calculation results are extracted from, but the actual calculation remains a dark mystery.

 

[Proserpina]

There's a calculation? Where can one find the calculation criteria concerning alimony?

I'm familiar where the the calculation results are extracted from, but the actual calculation remains a dark mystery.

It's written on human skin - rumored to be the flesh of alimony-ed husbands - and buried somewhere deep in the Mariana Trench. Only Illuminati members know the secret words to trigger the machine itself but even they risk being eaten by sharks.

(or so I'm told)

 

[Golfball]

Klaatu! Barrada! Necktie!