how long would I pay spouse support?

[RyanLiu_99]

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

We married for 6 years and separated 9 month ago and I am paying supports for 7 months now. I heard I need pay half length of marriage -- 3 years. Ocz, it would be stated in final court paper. But seems it would take a while when the divorce can be final.

My question is, if the divorce takes long time, in the final court order, what can I expect? Let's assume it orders 3 year supports, what I paid during this waiting period, say one year, does it count? Or another 3 year after the day I got final order? Or probably 3.5 year after that, since by then our marriage would be 7 years, even last year we are separated.

Thanks,

 

[nextwife]

Yours is a very short marriage. SS isn't a certainty - there are factors that determine if there should be spousal support.

What are your respective incomes?

 

[tuffbrk]

You filed for divorce, she requested pendente lite support and your attorney agreed to that?

You need to provide us with some basics. Does she work? Full or part time? Do you have a mortgage? What percentage of salary are you paying in support? What is the difference in salary?

 

[RyanLiu_99]

Oh, she went to the 3rd country to take care his sick father for years, after our baby was born, and she was not working when we separated 9 month ago. I am not sure about her current work status. (Is there a way I can know?)

I have full time job. The judge ordered temporary spouse and child supports, about half of my after tax income goes to her (since kid spends 80% time with her), enough for her live a relatively comfortable life without working for now. The thing is "temporary" has been 9 month and will be longer.

When calculate half of marriage length, will it considers these 9+ month as marriage? Or will the count NOT consider so , and instead count in the 9+ month supports I already piad?

Thanks,

 

[Proserpina]

OP, you need an attorney.

I realize that English isn't your first written language and that's absolutely fine here - but honestly, you're in way over your head as far as legalities are concerned.

You need to speak with an attorney.

Folks - post hx.

 

[ecmst12]

OP has been told to get an attorney and to stop posting multiple threads about the same situation MANY times.

 

[Proserpina]

OP has been told to get an attorney and to stop posting multiple threads about the same situation MANY times.

It's almost like we're spinning our wheels here!

 

[RyanLiu_99]

OP has been told to get an attorney and to stop posting multiple threads about the same situation MANY times.

I appreciate those who answered my questions.
I appreciate this forum provide a place for people help each other.

I think, most time, I have asked different question in each thread.

I don't know how may times to you is MANY? 2, 3 ?

 

[Ohiogal]

I appreciate those who answered my questions.
I appreciate this forum provide a place for people help each other.

I think, most time, I have asked different question in each thread.

I don't know how may times to you is MANY? 2, 3 ?

You should use the SAME THREAD for all of your questions involving the same people.

 

[punchcard]

You gotta watch out for the "temporary spousal support" order trick.

Lets say your divorce on a six year marriage is dragging out and you pay on a "temporary spousal support" order for two years. Then the parties get to determining "spousal support." The other side will claim that the 1/2 the length of the marriage rule of thumb now kicks in to give another three years to spousal support. Your gonna say, that's five years total! The other side is just gonna smile and say, you've only been paying "temporary" spousal support and now you owe us another three years of "permanent" spousal support.

To handle this problem, you should hire an attorney. With a baby, a non working wife, and you working full time, you need a lawyer to help you protect your interest (you will be socked when it comes to support). If the baby went with wife to the 3rd country to take care his sick father for years, you got even bigger problems because your wife may be able to live with the baby in that country so you won't be able to see the child that often. Yes, get a lawyer.

 

[ecmst12]

Many threads is more than 1. You only have one wife right? And one child or set of children? You only need one thread. ALL your questions about these people, this divorce and custody situation, can stay in ONE THREAD.

 

[RyanLiu_99]

Oh, I see. I had different mindset. Same as I used to write email at work, I write one email per topic, that helped me communication. I thought similar way here, didn't think of alternative way and others can trace my story in one thread and continue feedback on my divorce. I also thought if it was divided, per topic per thread, then I can put more accurate title, others who are looking for similar topic, can easily notice it.
Another thinking was I thought no one will notice posts in old thread. Maybe that is not the case.

Thanks,

 

[birdbrain53]

OP, you need an attorney.

Have him or her file for divorce and ask that you get Epstein credits for any payments you have been making to your STBX.

Google Epstein credits so that you understand what they are. Also ask for the STBX to be given a Gavron Warning. This Gavron statement is an order for the supported spouse to get a job, not just rely on SS.

HTH

 

[Proserpina]

OP, you need an attorney.

Have him or her file for divorce and ask that you get Epstein credits for any payments you have been making to your STBX.

Google Epstein credits so that you understand what they are. Also ask for the STBX to be given a Gavron Warning. This Gavron statement is an order for the supported spouse to get a job, not just rely on SS.

HTH

Just to clarify

The court cannot order the spouse to get a job - but they can, yes, warn the spouse that they should not expect to receive or rely upon spousal support forever.

There's a better-than-decent article here:

http://www.thurmanarnold.com/Blog2/2010/June/What-is-a-GAVRON-WARNING-and-how-does-it-affect-.aspx

(I have nothing to do with the attorney or the website; it's just one of the better explanations I've found online)

 

[birdbrain53]

Yes that website is one I found when googling. Had a friend get screwed by his attorney because he was paying for everything and the attorney told him to waive the Gavron and Epsteins. Since he didn't know what they were, he did as his attorney pressured him to.