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WinterSunLover
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Reged: 10/09/09
Posts: 4
Wait until kids are 18 to divorce? (Calif.)
      #587076 - 10/09/09 05:37 PM

Hi all, I'm just starting to learn about divorce law, and here in California it seems hard to plan around. Let me give you my info. I hope to get back to being single again, and don't need much stuff.

Me: male, 48 years old, make $104,000 per year
Her: feamle, 48 yrs, makes $20,000 per year
State: California
Children: 2, ages 9 and 7
Married: 13 years now
House: paying mortgage on place of residence, about 22 years remaining on 30 year mortgage

Part of me says: wait until the kids are both 18 to part ways. Since child support is a big deal and for the kids wellbeing. HOWEVER...I'm worried about rumors that if you're married 20 years or more in California, you have to pay spousal support indefinitely.

Oh, one more thing, she has an M.D. (yes, a physician) but has not been practicing for 7 years. So she's licensed to practice medicine but has been out of touch for a bit.

So, it's a game of chance, but should I split now (before 20 years) or split later (after child support is a non issue). I hope to part ways as amicably as possible.


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spinnerdegrassi
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Reged: 08/20/06
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Re: Wait until kids are 18 to divorce? (Calif.) [Re: WinterSunLover]
      #587127 - 10/09/09 09:37 PM

Split now.

She has an MD, and working as an RN I know PLENTY of physicians who have retired and returned back to work with 5+ years off in the last 2 years with no issue. Especially if she's a GP/Internal Medicine etc...No way should you get stuck paying spousal support on someone whose earning potential outstrips yours.


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Maury
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Re: Wait until kids are 18 to divorce? (Calif.) [Re: spinnerdegrassi]
      #587195 - 10/10/09 12:46 AM

Split now and take short term lumps. The llonger she is out of the work force the greater the potential liabilty for long term spousal support.

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Cinder2
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Re: Wait until kids are 18 to divorce? (Calif.) [Re: WinterSunLover]
      #587241 - 10/10/09 11:50 AM

Split now. You're looking at 11 years of child support plus probably five years of spousal support vs. no child support and lifetime spousal support.

Plus, you can never gamble on where the legislature is going to go 11 years from now.

Cinder


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1966Gal
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Re: Wait until kids are 18 to divorce? (Calif.) [Re: WinterSunLover]
      #587434 - 10/12/09 10:09 AM

Depends. What's more important to you, "the kid's well-being" or the money?

If it's the money, it would be best for you to split now. The longer your wife is out of her field, the better she'll be able to argue for extented spousal support.

If it's for the kids...I don't know what your home life is like, but it must not be so bad if you are considering staying for another 8+ years to save on child support.

--------------------
The Gov cannot give anything to anyone - that they have not first taken away from someone else.


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Avaya
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Re: Wait until kids are 18 to divorce? (Calif.) [Re: WinterSunLover]
      #587729 - 10/13/09 10:24 AM

Or don't divorce. If you're willing to consider sticking it out till the kids are grown, maybe you could make a committment to improve the marriage while you're still in it. Statistics (and I don't have sources, I just heard this years ago and from personal experience, I can say it's true) couples that decide to stay together are happier 10 years later than those who choose to split up. Good luck to your family!

ETA: You don't just 'stay in the marriage', you stay in it AND actively work together to improve things.

--------------------
Eternity is too long to be wrong.

Edited by Avaya (10/13/09 10:25 AM)


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Yes_Dad
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Re: Wait until kids are 18 to divorce? (Calif.) [Re: 1966Gal]
      #587901 - 10/13/09 05:20 PM

[quote]Depends. What's more important to you, "the kid's well-being" or the money?

If it's the money, it would be best for you to split now. The longer your wife is out of her field, the better she'll be able to argue for extented spousal support.

If it's for the kids...I don't know what your home life is like, but it must not be so bad if you are considering staying for another 8+ years to save on child support. [/quote]

An M.D., no matter how long, won't be awarded support. You have rocks in your head. Medicine hasn't changed all that much in 5 years and I know THAT as a fact.


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spinnerdegrassi
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Re: Wait until kids are 18 to divorce? (Calif.) [Re: Yes_Dad]
      #587933 - 10/13/09 07:35 PM

No kidding. She can step back into a job today and earn more than him guaranteed. The average Internal Medicine doctor in my hospital (and remember this is KC, where salaries are lower) is 200k. In Cali, they'd be looking at 300k +, and it just goes up from there with specialities.

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Goodmom
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Re: Wait until kids are 18 to divorce? (Calif.) [Re: Yes_Dad]
      #587961 - 10/13/09 10:17 PM

[quote]
An M.D., no matter how long, won't be awarded support. You have rocks in your head. Medicine hasn't changed all that much in 5 years and I know THAT as a fact. [/quote]

But did she keep up with the required continuing education? If she didn't, then she can't step right back into being a doctor. I know that a CPA has to have so many continuing education credits to keep his/her license, my cousin, who was an RN had to have so many continuing education credits and now as a school nurse has to add continuing education credits for teaching on top of those for a nurse to keep her license. I can't imagine it being any different for a doctor.

Chances are she will be awarded spousal support while she brings her continuing education credits up to date.


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spinnerdegrassi
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Re: Wait until kids are 18 to divorce? (Calif.) [Re: Goodmom]
      #587963 - 10/13/09 10:27 PM

You don't need to keep up with CEU's when your license is on inactive status. That applies to Physicians and Nurses.

[censored]://www.medbd.ca.gov/licensee/inactive_license.html


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