• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

It has come to this. Help request on alimony and child support

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

OriolesNY

New member
What is the name of your state? What is the name of your state? NY
I have been married for 30 years, going on 31. My question is about alimony and child support. We have 5 children and all are grown and departed from the house and independent except one. I have worked hard all my life. The remaining child is 14. She has no skills and has never sought to acquire any because she was unsure about what she wanted to do with her life. She took refuge in raising the children.

My question is this: I currently make $82,000 a year. She makes zero as she quit her part-time job in October. My annual increases will only be about 2.2% a year. She is 50 and I am 55. Total debt excluding the house is $12,000. My student loans will be forgiven Dec. 2020. The equity in the house is at most $10,000. Is the alimony and child support formulaic? Will the alimony be forever? What about my retirement accounts (defined benefit and defined contribution)? The defined contribution now has a balance of $140,000. The pension for the defined benefit is currently $30,000 at age 60. If I continue to age 62 it will be about $45,000. If to age 65 then, $54,000.

While I cannot move up with this employer, I am getting interviews that will double my salary with a start date of July 2020 (likely out of state). If I get a raise and new job, then what? Should I file for the divorce/separation now or wait until I get the new job. At $82,000 neither she or I can really live decently if she does not work. At the same time, I feel responsible for her well being and that of my child at home. I also provide the health, dental, and vision insurance and have $400,000 term life coverage.

This whole thing is new to me and I do not know where to go for advice. I never thought it would come to this, but the relationship cannot endure any longer after many tries. Thank you.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? What is the name of your state? NY
I have been married for 30 years, going on 31. My question is about alimony and child support. We have 5 children and all are grown and departed from the house and independent except one. I have worked hard all my life. The remaining child is 14. She has no skills and has never sought to acquire any because she was unsure about what she wanted to do with her life. She took refuge in raising the children.

My question is this: I currently make $82,000 a year. She makes zero as she quit her part-time job in October. My annual increases will only be about 2.2% a year. She is 50 and I am 55. Total debt excluding the house is $12,000. My student loans will be forgiven Dec. 2020. The equity in the house is at most $10,000. Is the alimony and child support formulaic? Will the alimony be forever? What about my retirement accounts (defined benefit and defined contribution)? The defined contribution now has a balance of $140,000. The pension for the defined benefit is currently $30,000 at age 60. If I continue to age 62 it will be about $45,000. If to age 65 then, $54,000.

While I cannot move up with this employer, I am getting interviews that will double my salary with a start date of July 2020 (likely out of state). If I get a raise and new job, then what? Should I file for the divorce/separation now or wait until I get the new job. At $82,000 neither she or I can really live decently if she does not work. At the same time, I feel responsible for her well being and that of my child at home. I also provide the health, dental, and vision insurance and have $400,000 term life coverage.

This whole thing is new to me and I do not know where to go for advice. I never thought it would come to this, but the relationship cannot endure any longer after many tries. Thank you.
It's worth it for you to consult with an attorney.
 

LdiJ

Senior Member
What is the name of your state? What is the name of your state? NY
I have been married for 30 years, going on 31. My question is about alimony and child support. We have 5 children and all are grown and departed from the house and independent except one. I have worked hard all my life. The remaining child is 14. She has no skills and has never sought to acquire any because she was unsure about what she wanted to do with her life. She took refuge in raising the children.

My question is this: I currently make $82,000 a year. She makes zero as she quit her part-time job in October. My annual increases will only be about 2.2% a year. She is 50 and I am 55. Total debt excluding the house is $12,000. My student loans will be forgiven Dec. 2020. The equity in the house is at most $10,000. Is the alimony and child support formulaic? Will the alimony be forever? What about my retirement accounts (defined benefit and defined contribution)? The defined contribution now has a balance of $140,000. The pension for the defined benefit is currently $30,000 at age 60. If I continue to age 62 it will be about $45,000. If to age 65 then, $54,000.

While I cannot move up with this employer, I am getting interviews that will double my salary with a start date of July 2020 (likely out of state). If I get a raise and new job, then what? Should I file for the divorce/separation now or wait until I get the new job. At $82,000 neither she or I can really live decently if she does not work. At the same time, I feel responsible for her well being and that of my child at home. I also provide the health, dental, and vision insurance and have $400,000 term life coverage.

This whole thing is new to me and I do not know where to go for advice. I never thought it would come to this, but the relationship cannot endure any longer after many tries. Thank you.
Yes alimony and child support are formulaic. After 31 years of marriage, and your respective ages, you will be looking at lifetime alimony. You can expect her to receive half of all of the assets, including retirement assets. Most likely you will end up selling the home as neither one of you will be likely to be able to afford it anymore.

Its probable that you will be required to continue to have the life insurance coverage with her as the beneficiary. You may be required to continue to cover her health insurance if you are able to do so.

Are you SURE that this is the necessary thing for you to do? 31 years is a very long time, and your children (even the adult ones) are going to be devastated.
 

stealth2

Under the Radar Member
Remember that, in NYS, child support goes through 21. And it can be modified when your income increases significantly.
 

OriolesNY

New member
I will need to consult an attorney. Thanks for the advice. There just is no desire for her to work or figure things out. What a nightmare. I am exhausted and just want peace. Retire abroad and be left alone.
 

stealth2

Under the Radar Member
I will need to consult an attorney. Thanks for the advice. There just is no desire for her to work or figure things out. What a nightmare. I am exhausted and just want peace. Retire abroad and be left alone.
Well, it's unlikely to happen like that - you have 6+ years of child support ahead of you, and a lot of years of alimony.
 

OriolesNY

New member
maybe but I will reach retirement age and physicality will play a role and I will eventually not be able to work.
 

Zigner

Senior Member, Non-Attorney
I have worked hard all my life. ... She has no skills and has never sought to acquire any because she was unsure about what she wanted to do with her life. She took refuge in raising the children.
There just is no desire for her to work ...
Wow...
Just wow...

The woman raised your (collective) 4 children to adulthood, with a 5th almost there. To denigrate her in the way you are doing sickens me. YOU chose this just as much as she chose it.
 

Zigner

Senior Member, Non-Attorney
Did you get that he meant the wife, not the child in raising the children?
The structure of the writing actually indicates that the 14 year old was the one who focused on raising the children. Yes, we know what he meant, but what he meant is not what he wrote.
 

stealth2

Under the Radar Member
Did you get that he meant the wife, not the child in raising the children?
No cow-cakes. The LED seems burnt out... Anyone who knows me here knows that I tend towards pedantic. As Zig wrote - we "understood what he meant, but what he actually wrote had a different meaning. Words matter. OP needs a lawyer. Otherwise, his filings will make no sense.
 

LED

Member
No cow-cakes. The LED seems burnt out... Anyone who knows me here knows that I tend towards pedantic. As Zig wrote - we "understood what he meant, but what he actually wrote had a different meaning. Words matter. OP needs a lawyer. Otherwise, his filings will make no sense.
You’re right! I am burned out. I’ve been going through a year and a half of my divorce and it’s still not final. I was used and abused for years and now I am trying to get smart. I didn’t insult you. I made a mistake in judging whether you caught that. I’m new here so give me a bit of a break. I gave birth to three beautiful boys and now I hope to enjoy them without constant berating insults. Thank you very much!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top