Temporally spousal support

[Ohiogal]

He found my replacement who 's younger.

So you are angry.

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.

Don't knock your job. You sound as though you believe that is beneath you. Why didn't you get an education in the last 30 years?

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.

Then you need to work for your own money quite frankly.
How old are the kids?

I gave me a paper to sign. He is offering are:
-** His entire $13,000 Annuity (i can receive $500 a Month).

Okay.

- 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.

How much is the equity? When was the house last professionally appraised?

- He give me $500 per Month for life

Okay.

-·He will pay*myMedical, Dental, Optical, Auto Insurance and Cell phone is about $9,544.00 per year for life.

Okay. Are you aware how much medical insurance and such is per MONTH?

- I will receive 40-44% of his retirement (estimate about $80,000)

Okay.

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?

A legal secretary can't do ANYTHING for you.

 

[birdbrain53]

California Code Section:
270. If a court orders a party to pay attorney's fees or costs
under this code, the court shall first determine that the party has
or is reasonably likely to have the ability to pay.

In the event that one party, such as the OP who has been a stay at home spouse for 30 years with no income, it is more likely that attorney's fees may be awarded. On the other hand there are judges who will not award attorney's fees because of their own personal bias. You don't know until you get into court.

Temporary spousal support will be ordered. Permanent spousal support is likely to be awarded due to the length of time they were married and her decreased earning capablility. The California support calculator will be used to determine the amount of support she will get. I ran one online and came up with these amounts. Husband pays Wife Spousal Support

Monthly:

$2222.78

Yearly:

$26673.32

The yearly cash amount of $21,544 ($1000 a month cash plus the medical/dental/auto etc) payments from him are less than the calculator.

The division of the community property will more likely be split 50-50 including the retirement accounts with her portion going into a QDRO. The house will have to be appraised in order to determine the equity.

Then too, what happens when they both sign up for Medicare at age 65? Is he going to pay for that?

Is he going to waive Gavron warning and Epstein credits? Is he going to want to go back and reduce support when he gets married to the new honey and has kids with her?

OP, you really need an attorney to help you sort out the legal ramifications of all he is offering and to make sure your rights are being protected. Do not agree to anything unless your lawyer explains it to you and it is truly an equitable arrangement for you and your husband.

 

[tn2012]

Don't knock your job. You sound as though you believe that is beneath you. Why didn't you get an education in the last 30 years?
*Raising 3 kids by myself ( husband absent all day) *tight budget( controlled by husband). Nothing wrong with the job I do, but that is not for me.



Then you need to work for your own money quite frankly.
How old are the kids?
They are all in school, 25, 22 & 17( 18 on Oct.)

-he refinanced 350k for 30yrs.last year. Our house could be sold 450k now.
He stated that his credit card debt is mine. But I have to know for what he spend the money ( could be on his girlfriend). How
can I obtaine a detailed statement?
He says,
·******** I will be released from the debt of $350,000 of the house.
·******** There is a his name debt of about $10,000 to $11,000 that is also considered “Community Debt” (see NOlO.com)
(Maybe He can pull $35,000 from the house and pay these credit cards off in full.
·******** He will take care of chilren financial needs as necessary. The house is important for their future, they still need our
support, they will and should always have a place to live or fall back on.
·******** I can have any and all of the furnisher and appliances (He just want his books, Music and bed)

Okay. Are you aware how much medical insurance and such is per MONTH?
about$400? I heard I could go to a public clinic for low incomes.

A legal secretary can't do ANYTHING for you.[/QUOTE]