swaman
recently joined
Reged: 11/17/09
Posts: 5
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I live in upstate New York, married for 29 years. I left, she filed. I make $104,000.00 yr, she makes $27000.00.
I was just informed that when our divorce is final, my temporary maintenance will become permanent and INCREASE to $620.00 per week (up from the $500.00 I'm paying now.
Since I took all her debt with me when I left, I'm having trouble paying the $500.00 on time.
My attorney tells me this is all a calculation that is done by the judge based on my gross income. Is this TRUE? Am I to assume that this is totally non-negotiable?
With her job and my maintenance, she'll be eating caviarre, I'll be eating rice cakes!
i want to take care of her (this is NOT a hostle divorce) but I want to be able to LIVE too.
Swa
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Yes_Dad
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Reged: 08/23/08
Posts: 7406
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I'd appeal that one. That's over 1/2 your income for life. Your lawyer sucks. Fire him.
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english7
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Reged: 11/27/09
Posts: 3055
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"That's over 1/2 your income for life."
Maybe you missed a zero, Yes Dad. At 650/week, he'll be paying her 33,800 a year. Add that to her 27,000 salary, and she'll end up with 60,800. He'll have 70,200.
Did I miss something?
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spinnerdegrassi
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Reged: 08/20/06
Posts: 8013
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Yeah, he's in a higher tax bracket, and the net income will end up less than hers.
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english7
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Reged: 11/27/09
Posts: 3055
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Thanks, Spinner. And she has to pay tax on alimony, right? But at a lower rate.
ETA: don't they consider tax consequences when they make their calculations? They do in VA.
Edited by english7 (05/20/10 02:13 PM)
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Yes_Dad
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[quote]Thanks, Spinner. And she has to pay tax on alimony, right? But at a lower rate.
ETA: don't they consider tax consequences when they make their calculations? They do in VA. [/quote]
They try to here. They use the kids deductions to do it. Not sure anywhere else.
Once the SS stops, then the deductions get split...
Or they make everything "unallocated" meaning the CS is taxable too
But ya, when you take his payment and her earnings, it's over 1/2 and thats not right (though I don't think anyone's eating caviar on either)
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Yes_Dad
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On the plus side, I would assume down the line, he will make more. Needs to make it non-modifiable for ANY REASON. Boy- talk about a [censored].
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english7
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Reged: 11/27/09
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"(though I don't think anyone's eating caviar on either) "
I thought that, too, but I understand why he's exaggerating. Let's hope the info he got was wrong and he can get another lawyer.
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Yes_Dad
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Reged: 08/23/08
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[quote]"(though I don't think anyone's eating caviar on either) "
I thought that, too, but I understand why he's exaggerating. Let's hope the info he got was wrong and he can get another lawyer. [/quote]
kids kinda become like financial chess pieces (not in a bad way) to minimize the tax implications for all, especially when the incomes are fairly high
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english7
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Reged: 11/27/09
Posts: 3055
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Does the OP have children? Maybe I missed that, too.
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