candlelight123
recently joined
Reged: 12/14/09
Posts: 4
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He's been working-- self-employed contractor and under-functioning in that role; doesn't push himself to earn more when he could; doesn't work on our old house when he's not working.... house looks neglected and shabby, while he sits on his laptop doing crossword puzzles....
Since we separated, he activated himself and is actually networking and looking for jobs, and documenting this activity.
Inheritance is based on death of his mother, who is in her 90's
Looks like I'll be paying SS for the next few years, and CS until the 15 year olds turn 18-- we plan to do joint custody.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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So you are basing the inheritance on the death of his mother who is in her 90's? She could live another ten years and throw all of her money away in that time. It is a crappy situation.
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13.1...because I am only half crazy!
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spinnerdegrassi
Carpal \'Tunnel
Reged: 08/20/06
Posts: 7952
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Plus that money could be tied up for a while. When my father passed away, it took @ 2 years for the estate to be settled, and the money to be passed, and that was relativley free of issues.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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Gee Susan, where is your NORMAL advice that a paying spouse should offer to pay a smaller amount over a LOOOOONG period of time? Where is your normal OUTRAGE they one spouse is trying to get OUT of alimony?
Instead of telling her she should PAY, you advise her to get a good attorney, and put off the divorce until he inheirits the MONEY.
Wow, could it be cause she is FEMALE?
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Why give a "senior" discount, they have had plenty of time to raise the money...
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javajunkiee
Carpal \'Tunnel
Reged: 06/01/08
Posts: 3154
Loc: SC
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Not to mention, that the op doesn't know how the inheritance is structured. There are all kinds of ways that money could be routed to him that would enable him to legally avoid declaring it as income.
Don't count HIS chickens before they've hatched.
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Marriage doesn't come with a money-back guarantee.
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CAFamilyLawCoach
journeyman
Reged: 01/02/10
Posts: 63
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In CA, there are a couple things that haven't been mentioned. First, you can try to bargain with the disparity in the 401k accounts. That could work. You can also work with your theory that he's intentionally underemployed. Given his age and his working status over the last eight years, you may have an uphill battle. But it very well could help you that he's stepped up his efforts recently. File well-worded declarations asking the court to order him to work/seek work full-time. Otherwise, yes, you're probably on the hook for a while. Once he has his inheritance, depending on how much it is and how it's disbursed (and when - probate can delay distributions for years), you may be able to reduce the support at that point since he has a reduced need. Or, maybe he'll remarry. :)
Good luck.
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Christina McPherson, Esq.
Hourly family law coach
CAFamilyLawCoach.com
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