christine220
recently joined
Reged: 05/21/07
Posts: 14
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Background--
State- IN
Married 10.5 years
2 kids- 6 and 9
husband makes $94k/year
I worked PT for 5 years (just where ever to get extra money), recently (last 8 months) found FT job making $26k/year
I was a stay at home mom for first 4 years, then worked PT at Wal-Mart for extra cash (making $6/hour 15 hours a week).
Husband went back to college for Masters during the time I worked PT, I was unable to ever obtain a college degree during our marriage.
Is alimony appropriate in this kind of situation? Plan on joint custody with me being primary placement for the children.
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tsl
Pooh-Bah
Reged: 06/24/04
Posts: 2274
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Indiana is a state that usually does not do alimony. However, it has been known to award alimony in some cases.
I recommend you do searches at www.in.gov under law for the indiana codes AND case searches.
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Duct tape can't fix stupid but it can keep them out of the way."
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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Alimony or spousal support can be awarded to either spouse for their support or maintenance after the divorce. Alimony payments are designed to assist with financial obligations of the receiving spouse and to help that spouse maintain a lifestyle similar to the one they had prior to being married. Most likely, the lifestyle can not remain exactly the same due to the paying spouse typically having to maintain two households for a period of time. Since a majority of spouses both work rewarding alimony is not extremely common although it does exist. Most of the time alimony is rewarded for a short period of time just to help the receiving spouse get on his or her feet again.
In Indiana, maintenance will be awarded to a spouse who: (1) is physically or mentally incapacitated to the extent that they are unable to support themselves; or (2) lacks sufficient property to provide support for his or herself and any incapacitated child and must forgo employment to care for the physically or mentally incapacitated child. Marital fault is not a factor.
In addition, rehabilitative maintenance may be granted to a spouse for up to 3 years, based on the following factors: (1) the time and expense necessary to acquire sufficient education and training to enable the spouse to find appropriate employment; (2) the educational level of each spouse at the time of the marriage and at the time the action is commenced; (3) whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both; (4) the earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence or absence from the job market. .
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Careful. We don't want to learn from this.
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Susanf31
Carpal \'Tunnel
Reged: 06/02/05
Posts: 10630
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Based on what Google just posted, you will be entitled to receive alimony. Especially because during your marriage, your h was able to further his education/degrees and job while you were not....due to you being primary care giver of the children.
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christine220
recently joined
Reged: 05/21/07
Posts: 14
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Thanks---
Susan31 I know that it depends on the courts, the judge and such, but given our salaries what do you think would seem fair? Everything is pretty amicable right now and he is a good guy, I don't want to screw him, I just want what is fair till I can get on my feet, go back to school, etc.
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Susanf31
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Reged: 06/02/05
Posts: 10630
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I think about $25,000 a year in alimony, plus he pays for your tuition/books.
That will leave him living on $69,000 a year and you on about $50,000. Plus you'll receive CS.
I think 5 years would be fair. It will be extremely difficult for you to raise the kids, work full time and attend school...and be finished with school in only 3 years. That doesn't sound very realistic.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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You're nuts , why would hubby agree to 5 years rehabilitative maintenance when the most a court would grant is 3 ?
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Careful. We don't want to learn from this.
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Susanf31
Carpal \'Tunnel
Reged: 06/02/05
Posts: 10630
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You're nuts , why would hubby agree to 5 years rehabilitive maintenance when the most a court would grant is 3 ?
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Maybe because he's a good man and understands how long it will take her to work full time, raise 2 kids and attend college. I bet it took him longer than 3 years to get all of his degrees. If it took him longer than that, with a wife at home taking care of most of the parenting duties, how is she supposed to do it with such support?
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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[quote]I think about $25,000 a year in alimony, plus he pays for your tuition/books.
That will leave him living on $69,000 a year and you on about $50,000. Plus you'll receive CS.
I think 5 years would be fair. It will be extremely difficult for you to raise the kids, work full time and attend school...and be finished with school in only 3 years. That doesn't sound very realistic. [/quote]
WAIT!!!!!!!!!!!!!!!!!!!!!!!!!
Ok, based on their incomes, and the calculator, his annual CS obligation is $17,200.
Combine THAT with $25,000 in alimony and her $26,000 a year job. Her total income would then be $68,200. HIS income would be $50,800. Of their combined resources, 58% belongs to her?
Jesus. THAT is sick. Demented.
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GO CUBBIES!!!!
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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Susan loves to throw out numbers that make absolutely no sense .
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