dylan68
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Reged: 02/16/10
Posts: 11
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My wife and I where married for 8 years before I discovered her meth usage. She has always has been a closet alcoholic.I kick her out of the house after discovering the meth for a 3rd time in a 4 month period. I have our house with exclusive use and our son for the last 1 1/2 years and she has not paid a dime in child support. In the last year in half she had numerous Domestic Violence issues, Contempt of court charges, put formal probation, 2 probation violations, 1 for dirty UA, 1 for violating a no contact order. She was put on bench probation and poped for 15 counts of PCS 3 weeks ago. Had to 2 CSD reports for my step kids for violence and drug problems. She worked for the first 5 years of our marriage and stayed home the last 3. My question is, I just recevied her lawyer counter offer to mine and they want 60 months of alimony at 600 a month. Keep in mind, I have all the debt and our child.Is this possible, does the judge look at this women that still has a drug issue and award her alimony?
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finz
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Reged: 06/17/08
Posts: 6494
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I would offer to pay for a stay at a rehab facility (with payment going directly to the rehab facility) but nothing more. She has found some way to support herself and her drug habit without supporting her child for the last 1.5 years, right ?
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googledad
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Reged: 12/31/05
Posts: 10207
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What state do you live in ?
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Careful. We don't want to learn from this.
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dylan68
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Reged: 02/16/10
Posts: 11
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Payed for rehad, when it all started. Then she went through the legal trouble. The rehad never helped she only fell deeper. Now... with in the last week, of coarse her lawyer has in some kind of outpatient treatment and yes its on my insurance and again I will get struck with the deductable. She was busted two weeks ago and was on State CASH assistants. I hope the judge looks at that.
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dylan68
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Reged: 02/16/10
Posts: 11
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Live in Oregon! I know that might be bad. She is in perfect health and has no reason at all not to get clean and go to work.Her last arrest for PCS was for of coarse ADH meds or meth in a pill, suprise ah..
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Maury
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You have a fairly short term marriage. Your spouse is uenemployed because she has chosen to take drugs and ultimately became addicted. She is charged criminally and you have custody of the child.
I think spousal maintenance is very unlikely and, if payable, it would be exceedingly short.
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dylan68
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Reged: 02/16/10
Posts: 11
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Well... I made a offer her lawyer declined, my offer was, no back child support and we would give 6 months to get a job and start paying. They declined with the offer of 60 months at 600.00 a month to be off set by child support. My question is does the judge look at the whole picture? In the divorce, I'm taking all the debt and have to pay support on top of all of it, that seems crazy.
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dylan68
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Reged: 02/16/10
Posts: 11
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Some thing even more crazy, Her parents ran out money to pay her lawyers fee's for the crimal and divorce. Her lawyer is finishing her case for free including the march 2 hearing for the divorce. He works for [censored], how could this be? He is telling her someday she will have to pay him back what the hell.
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dylan68
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Posts: 11
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Ok, here we go update time. My wife will be jail the day of our divorce hearing, so whats the chances of the judge awarding her alimony in her orange jump suit? The Divorce was already postponed once before, so My lawyer is going fight to cuntinue.
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Maury
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THe factors that go into determining spousal maintenance will be considered regardless of whether she is presently in jail or not. That will include an analysis of length of marriage, health of the parties, earning capacity, education, standard of living enjoyed during the marriage etc...
Given the relatively short marriage and other factors, it seems unlikely regardless of her status with the State Department of Corrections.
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dylan68
recently joined
Reged: 02/16/10
Posts: 11
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So your saying the judge won't take in account her drug history, awarding a women alimony that was just poped for PCS thats on welfare and state assitants more money?
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finz
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Reged: 06/17/08
Posts: 6494
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No, Maury said it was unlikely
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dylan68
recently joined
Reged: 02/16/10
Posts: 11
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unlikey what? the judge will look at her history or award her alimony? keep in mind we have split since 11/08. will the judge let her lawyer postpone for a second time due being locked up?
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Maury
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Posts: 8146
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dylan - you need to read more carefully. It stated that, with the facts posted, spousal support is unlikely to be awarded.
Moreover, why ask a question if you are determined to argue with the answer?
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Yes_Dad
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Reged: 08/23/08
Posts: 7406
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[quote]My wife and I where married for 8 years before I discovered her meth usage. She has always has been a closet alcoholic.I kick her out of the house after discovering the meth for a 3rd time in a 4 month period. I have our house with exclusive use and our son for the last 1 1/2 years and she has not paid a dime in child support. In the last year in half she had numerous Domestic Violence issues, Contempt of court charges, put formal probation, 2 probation violations, 1 for dirty UA, 1 for violating a no contact order. She was put on bench probation and poped for 15 counts of PCS 3 weeks ago. Had to 2 CSD reports for my step kids for violence and drug problems. She worked for the first 5 years of our marriage and stayed home the last 3. My question is, I just recevied her lawyer counter offer to mine and they want 60 months of alimony at 600 a month. Keep in mind, I have all the debt and our child.Is this possible, does the judge look at this women that still has a drug issue and award her alimony? [/quote]
I think it can go either way but never ever agree to it....thats the mistake I made
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