Temporally spousal support

[tn2012]

What is the name of your state (only U.S. law)? California
My first court healing is coming in April . How can I file a request for the temporally spousal support even though we are still living together? I'm a house wife for 30 yers with no income.What is the name of your state (only U.S. law)?

 

[Ohiogal]

What is the name of your state (only U.S. law)? California
My first court healing is coming in April . How can I file a request for the temporally spousal support even though we are still living together? I'm a house wife for 30 yers with no income.What is the name of your state (only U.S. law)?

Why do you need spousal support IF you are still living together? Have you ever worked? How old are you? Are you looking for work? How much does your husband earn? Do you have an attorney?

 

[tuffbrk]

You need to obtain an attorney. Call around - some will take your case and file to have your soon to be ex (STBX) pay the retainer fee.Your attorney would then file for pendente lite support, if it is warranted in your case.

 

[tn2012]

He controls all our money himself. He gives me only $200 for a monthly allowance .
I need more money to go to a community college & my maintenance fee. I have no education in US & no skill. His yearly income is $80k . pays $2300 for a monthly mortgage. I can't afford an attorney. We gonna have a mediation.

 

[Tayla]

You may not have the personal funds, but your spouse does. So Let him pay. The goal here is to have your spouse pay for your education, your living expenses and your monthly expenditures that you have grown accustomed to.
Your lawyer will be paid by him when all is said and done.

 

[tuffbrk]

Her spouse is already paying her monthly expenses and her living expenses. She needs to get an attorney.

 

[Ohiogal]

You may not have the personal funds, but your spouse does. So Let him pay. The goal here is to have your spouse pay for your education, your living expenses and your monthly expenditures that you have grown accustomed to.
Your lawyer will be paid by him when all is said and done.

Really? That is not a guarantee!

 

[Tayla]

Correct. There are no guarantees.
When one party to a divorce is unable to afford an attorney that party is allowed to request the court to order the spouse with the greater income or assets to pay all or part of the other spouse's legal fees. These awards can be on a temporary basis at the beginning of the suit or at the end, as the judge sees fit in each case.

 

[Proserpina]

You may not have the personal funds, but your spouse does. So Let him pay. The goal here is to have your spouse pay for your education, your living expenses and your monthly expenditures that you have grown accustomed to.
Your lawyer will be paid by him when all is said and done.

I believe OP needs to be realistic. She's NOT going to be living in the manner to which she's become accustomed unless she's supporting herself, too.

 

[stealth2]

Stop, Tayla. You are seriously giving people wrong input. Just stop.

 

[Ohiogal]

Correct. There are no guarantees.
When one party to a divorce is unable to afford an attorney that party is allowed to request the court to order the spouse with the greater income or assets to pay all or part of the other spouse's legal fees. These awards can be on a temporary basis at the beginning of the suit or at the end, as the judge sees fit in each case.

And they are NOT an entitlement and the court could order that each must pay for their own counsel.

 

[tuffbrk]

He controls all our money himself. He gives me only $200 for a monthly allowance .
I need more money to go to a community college & my maintenance fee. I have no education in US & no skill. His yearly income is $80k . pays $2300 for a monthly mortgage. I can't afford an attorney. We gonna have a mediation.

You can file as an independent student to obtain loans for school. I don't know what you are referring to when you say you need more money for "my maintenance fee." What is your maintenance fee?

Can you obtain at least a part time job? A sales girl at the mall or child care in the home?

Gotta tell you - $80k annually with annual mortage payments of $27,600 does not leave a great deal of money left over. Presumably, the home will be put up for sale. Hopefully you are not upside down on the mortgage. The sooner the house sells, the better. Subtract the cost for taxes, medical insurance, car payment (if appl), car insurance, utilities, food, etc. and there is simply not going to be enough money to support 2 separate households.

You need to call some attorneys and see if they offer free consultation. If not, you can see if your state website provides any information pertaining to reduced cost legal resources.

 

[tn2012]

He found my replacement who 's younger. I need money to treat my self to get my self-esteem back that I never spent on myself though my entire marriage life.I just start a job as a care giver ( a wiping a but job). I really need a skill to get a career.
He is 60 yrs old. I think ,I'll be okay with a half of his income about$2300 & pension after a divorce. But he wants to keep the house himself for kids.
I gave me a paper to sign. He is offering are:
-** His entire $13,000 Annuity (i can receive $500 a Month).
- He will buy me out and offer me $25,000 from the house whether it is or isn’t his separate property (if the equity is $100,000, the most equity He can pull from it is about $50,000) which Hewill only pull $25,000 [my half] because the Mortgage will increase.
- He give me $500 per Month for life
-·He will pay*myMedical, Dental, Optical, Auto Insurance and Cell phone is about $9,544.00 per year for life.
- I will receive 40-44% of his retirement (estimate about $80,000)
I am not going to agree. I think I go to a legal secretary first or I should ignore it until the first court hearing?

 

[stealth2]

I need money to treat my self to get my self-esteem back that I never spent on myself though my entire marriage life.

LOL yeah, don't count on THAT. That is not how one gains self-esteem.

I just start a job as a care giver ( a wiping a but job). I really need a skill to get a career.
He is 60 yrs old. I think ,I'll be okay with a half of his income about$2300 & pension after a divorce. But he wants to keep the house himself for kids.
I gave me a paper to sign. He is offering are:
-** His entire $13,000 Annuity (i can receive $500 a Month).
- He will buy me out and offer me $25,000 from the house whether it is or isn’t his separate property (if the equity is $100,000, the most equity He can pull from it is about $50,000) which Hewill only pull $25,000 [my half] because the Mortgage will increase.
- He give me $500 per Month for life
-·He will pay*myMedical, Dental, Optical, Auto Insurance and Cell phone is about $9,544.00 per year for life.
- I will receive 40-44% of his retirement (estimate about $80,000)
I am not going to agree. I think I go to a legal secretary first or I should ignore it until the first court hearing?

On the face of it, that seems quite a reasonable offer. To me.

 

[tuffbrk]

I agree with Stealth. This seems to be a reasonable offer.

Items I would obtain confirmation for-

His agreement to pay for your medical, dental, cell, etc. for life. Is that your life or his? He is in his 60's. I would ensure that some money is set aside in trust for payment in the event of his death and/or ensure that he takes out a life insurance policy that will cover the costs. The policy amount should decrease annually as he continues to live. (Sorry, can't figure out a tactful way to word that) Also, make certain that you agree on which medical plan is going to be put in place. For example, perhaps your preference is an HMO and he selects a high deductible plan instead. Make sure that the policy is in place prior to the divorce and that your divorce agreement states that the specific plan, or one that mirrors the benefits and you agree to, will remain in place.

I would also check on the current value of the home, the current outstanding mortgage, what it would sell for in today's market to ensure that $25k is reasonable.

The $500 a month? Make sure that he obtains a policy to continue to cover you in the event of his death. Again, the policy amount should decrease annually while he remains alive. You may want to put language in the divorce that the amount and terms cannot be modified.

Overall - you will be getting his full annuity, 40% of his pension (I would push for 45%), you can file for social security under his SS# when you are of age, your insurances are covered...In addition, you will get $6k a year in cash, plus a reasonable share of the equity in the house to give yourself a headstart. That sounds reasonable to me.

I don't know if you would receive a better offer in court. You may get more cash, but I think continuing to cover your insurances and cell phone will be thrown out and the amount you provided as the annual cost for those items will not remain fixed and will continue to increase in cost over time. In court, the annuity would most likely be divided equally so you could lose $6,500 there. It's really not such a terrible offer.

Just as an FYI - Expecting a 50% cut of his pay is completely unrealistic. 30-35% is more likely.