SelectiveJustice
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I had a hearing yesterday in which the soon to be X was awarded $1200 a month in temporary spousal support. My net income is approx. $3200 a month, while paying out $2750 a month in bills. This leaves me $450 a month left over after expenses are paid. Can the judge order me to pay temp support in an amount greater than what I have left over every month? I won't be able to pay all my bills if I have to give her $1200 a month. Can this court order be appealed? Thanks for your time....
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DedicatedDad
veteran
Reged: 09/05/04
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It's unreasonable, but most appeals are unsuccessful.
What's your spouse's income? It must be 0 to have to pay this much percentage wise.
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SelectiveJustice
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The X makes approx. $1280 a month. Now her income will almost double thanks to my contribution..... :mad:
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yregna
veteran
Reged: 07/25/06
Posts: 1265
Loc: Oregon
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Selective,
Get naked and look straight down. If you see a Penis, you have to pay, that is the law. I believe that was in the fine print of the marriage contract, you may have overlooked it...
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"Anything free is worth what you pay for it..."
"Climate is what we expect, weather is what we get"
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hanzblinx
enthusiast
Reged: 08/13/10
Posts: 380
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Ya, at my temporary orders hearing my judge flat out told me to file bankruptcy after she ordered me to pay my ex $2250/month. She also gave my ex permission to remove the children from the state and live 500 miles away at her moms house. Female judge + female spouse = total destruction of your life without any justice. I was also ordered to maintain family health insurance which is costing $600/month and life insurance on myself for $120/month
Just to pour salt on the wound the judge ordered me to not miss any house payments, just in case my ex changed her mind and decided she wanted the house, the judge wanted to make sure it would be there for her.
Edited by hanzblinx (10/13/10 10:03 AM)
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1966Gal
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Is $3200 net income? Is that after 410k contributions and other voluntary contributions?
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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SelectiveJustice
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That is correct, I am an RN and bring home approx. $1600 every two weeks after taxes, 401K contributions, and insurance. The judge used my gross income figures to come to his decision. How is that possible? I pay my bills with net income, not gross income.
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d2njti
member
Reged: 03/05/08
Posts: 187
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OK, here it comes. Go ahead Susan. You set up the target. Blast away at him.
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1966Gal
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Ok, so $1600 every two weeks is actually $3466 a month. In addition, you are having voluntary withholding taken out of that. How much are you withholding for your 401k? Add 401k that in to the $3466 and your take-home pay is probably closer to $3700 a month, if not more (???)
Out of that she is getting $1200 and she is earning $1200. So that makes her income $2400 and yours $2500.
That's exactly what temporary orders are supposed to do. Put each party on similar footing so they both have an almost equal(ish) opportunity to fund the divorce.
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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1966Gal
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More questions:
Are there children involved? If not, why is she only making $1280 a month?
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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SelectiveJustice
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No kids, no property, married 11 yrs. She works full time in the bakery at Publix Supermarket, brings home approx. $320 a week. I'm going to see a lawyer tomorrow morning at the self help center at our local court house for advice on where I go from here. As previously mentioned, I find it incredible that the judge would order me to pay her $1200 in temp spousal support in addition to the $2700 I already pay out in bills every month. My total Sept. deposit of two paychecks ( $1612 + 1569) = $3181. That leaves me $719 short for covering all my expenses. I am ignorant where it comes to divorce law and alimony. This is my soon to be X wife's 2nd time to the divorce rodeo. She took her first spouse for a $58K. I found that out 6 mos. after we were married.
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1966Gal
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You still haven't answered the questino. How much do you withhold voluntarily from your paycheck? Include 401k withholding.
If you can't live on $2500+ a month, how can she?
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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SelectiveJustice
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Sorry, had to check my last paystub online. To be exact, I grossed 2338.68...out of that I paid 70.36 to the 401K, 80.00 for health insurance, 11.00 for dental, and 5.88 for vision. That's all the voluntary deductions.
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gr8Dad
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"If you can't live on $2500+ a month, how can she?"
Well, DUMBASS, she doesn't have the $2700 a month in marital bills that he has to keep paying. Tell us again how financially smart you are...oh, I guess that is only when spending you ex husbands money, huh?
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Why give a "senior" discount, they have had plenty of time to raise the money...
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1966Gal
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Ok, so if you eliminated 401k, you would bring home $1680 every two weeks. That is $3640 a month. She makes $1200 and you have to pay $1200. So she is bringing home $2400 to your $2440. The judge pretty much equalized your income because she has to live too. You both have to pay for housing, cars, food, etc... while you negotiate this divorce.
I have a hard time believeing she only makes about $7.50/hr at Publix. She should be making more if she has been there any length of time. My nephew works there part-time and makes more than that.
Based on your income, I don't think you will get a reduction. Temporary orders usually level the playing field so you are both in similar positions to pay for the divorce and representation.
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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gr8Dad
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"Temporary orders usually level the playing field so you are both in similar positions to pay for the divorce and representation."
That would be GREAT if they split the BILLS down the middle as well...but according to the poster, he was ordered to pay the ALL THE BILLS as well as her.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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SelectiveJustice
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"Temporary orders usually level the playing field so you are both in similar positions to pay for the divorce and representation."
Allow me to shed a bit more light on the situation...She has been represented by one of the supposed better divorce attorney's in my area "PRO BONO" Why? Because the first thing the lawyer did was file paperwork for her to be declared "indigent". I'm not sure of the dollar amount, but I believe that means one making less than $23K a yr gross income in my area. So, that means she pays 0 court costs, 0 attorney fees. As a matter of fact, I was sent a motion asking the courts to order me to pay for her lawyer since she was declared "indigent". Believe me when I say, I wanted to hire an attorney, but could not afford one. I contacted several divorce lawyers in my area, I was quoted anywhere from $3k to $5k to take this case. Unfortunately, I didn't have a spare $4k laying around in the sock drawer.
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SelectiveJustice
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Further more, this last hearing was to determine 2 issues. 1. Temp spousal support
2. Partial distribution of 401K to hire an atty.
The conversation in the judges chambers went something like this:
Judge.."So Mr. Smith, can you explain to me in your own words what you are asking in this "motion to compel"?
Me.."Your honor, I need to borrow funds against my 401K to retain an attorney since I have no other financial means available to retain counsel."
Judge.. " Then, what seems to be the problem?"
Me.." I need consent in the form of a "spousal signature" in order to borrow funds against my 401K."
Spouses attorney...."your honor, we oppose this request for
partial distribution, however, my client would authorize a partial distribution if Mr Smith would double his withdrawal and give my client half the funds to fix her car"
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SelectiveJustice
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Sorry about the extended post. I'm just venting. This is my first time dealing with the courts and judges etc. I am just totally shocked at the way the legal system works in this particular case. Thank God for Zoloft!!
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gr8Dad
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And how did the judge find? Honestly, I don;t see a problem with it, as long as EACH side got an equal amount, witht he understanding that what each side got would be deducted from their share at the final division.
ETA: Although I would be TEMPTED (since the judge is against you ANYWAY) to say, "Well, your honor, Mrs. Smith has filed for indigentcy, will this dispersement revoke that finding? Also, her demand to ONLY sign a legal document if she recieves a cash dispersement sounds a lot like "extortion"...
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Why give a "senior" discount, they have had plenty of time to raise the money...
Edited by gr8Dad (10/13/10 05:51 PM)
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1966Gal
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your honor, we oppose this request for
partial distribution, however, my client would authorize a partial distribution if Mr Smith would double his withdrawal and give my client half the funds to fix her car"
++++++++
But that makes total sense. You are asking to make a withdraw of a joint marital asset. If you get money out of it, so does she. That's how divorces work. That money belongs to both of you, and if you want to touch it, then she gets to touch it too.
I realize this is new to you and it's very perplexing at first. In your head, split everything down the middle. What you take out of joint assets, she also gets to take out of assets.
She also has NO access to any money, so she can't get her car fixed. What is she supposed to do. She also doesn't have that money laying around in a drawer. During this time, whatever you get, she gets.
Sounds like she has a good lawyer. Make the distribution and get yourself a good lawyer too.
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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gr8Dad
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Most restraining orders issued at the beginning of the divorce allow for withdrawal of JOINT funds for the use of retaining legal representation. NOT to fix her CAR.
And how do you know how much of the 401K she will get? What if he started it BEFORE he met her? Oh, and she is getting FREE legal services, cause she was declared INDIGENT.
But, in SUSAN WORLD, she has tits, so she is right.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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hanzblinx
enthusiast
Reged: 08/13/10
Posts: 380
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It's pretty clear that the court puts women over children.
For example, an 18 year old teenager with no assets or career or college education will be denied child support in court.
Now take a 30 year old woman. She will get it all, although she is no more indigent than the teenager who gets the shaft. She is also no more indigent than when she entered the marriage.
Men need to understand the parasitic nature of women BEFORE getting married, once married they have the golden ticket that is denied to kids just out of high school.
It's not indigent, it's lack of motivation. Free money is easier to get than a job and women crave free money more than anything.
Edited by hanzblinx (10/14/10 11:21 AM)
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Sherron
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"For example, an 18 year old teenager with no assets or career or college education will be denied child support in court.
Now take a 30 year old woman. She will get it all, although she is no more indigent than the teenager who gets the shaft. She is also no more indigent than when she entered the marriage."
Child support has nothing to do with being indigent.
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hanzblinx
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[quote]
Child support has nothing to do with being indigent. [/quote]
Without parental support all children are indigent. How many school kids bring in 23K/year? If it were commonplace for children to have productive careers in childhood, child support would not exist.
The difference is children are children and women are adults that want to be treated like children and sadly have priority over children in court. The order of rights in court is
Women>animals>children>men
for example killing an eagle egg will land you in prison but not aborting a fetus. An eagle egg is exactly the same thing, but not human.
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Sherron
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"Without parental support all children are indigent. "
Let me rephrase then... child support has nothing to do with the HOUSEHOLD being indigent.
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hanzblinx
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Reged: 08/13/10
Posts: 380
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[quote]"Without parental support all children are indigent. "
Let me rephrase then... child support has nothing to do with the HOUSEHOLD being indigent. [/quote]
The bias is that courts treat women better than children because given an 18 year old child and a 30 year old woman with the same financial situation the court will give money to the woman because SS has no age limit and CS does.
Therefore they should not have the right to vote because the court sees them as LESS capable than children and children cant vote.
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DedicatedDad
veteran
Reged: 09/05/04
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Actually, at least in my state, a 30 year old woman and 18 year old would be treated exactly the same. If they are indigent, they either get a job or live on the street. However, a 30 year old that a CP of a child is completely different. In my state, all forms of state support and mandatory support from another parent (except alimony) is 100% dependent on being a CP to a child.
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yngwies_guitar
journeyman
Reged: 01/11/10
Posts: 61
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Dude, get a competent attorney ASAP. You are getting royally screwed.
Borrow the money if you have to. I had to borrow the money from a friend for the retainer for my divorce. It was well worth it.
This isn't like small claims court. Divorce law is complicated. You need an expert.
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Miranda
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Dang where was I when the judge was giving out those verdicts...oh yeah I was too busy working being a single parent not getting CS and paying 100% of the marital debt. That's right....
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13.1...because I am only half crazy!
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scaredwoman
newbie
Reged: 10/18/10
Posts: 27
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Wow, am I am a woman who hasn't worked in 10 years, left out in cold, no clothing, no stuff, no money, while my husband, his attorney, his judge niece, wreck havok on my life!!!! They even put a protective order on me last week and I have not seen, nor talked to him since Labor Day!!! all is not fair!!!
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scaredwoman
newbie
Reged: 10/18/10
Posts: 27
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I am a woman, who has been put out in cold, haven't seen my husband, nor talked to him in 6 weeks. He wants the divorce, has a judge niece who put a protective order on me last week, I think to justify that he locked up all my stuff over a month ago!!! I don't think just men get screwed. I think it is who has the money (he is a TV exec) and who has the family in the legal forum!!! Good luck to you
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hanzblinx
enthusiast
Reged: 08/13/10
Posts: 380
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[quote]Wow, am I am a woman who hasn't worked in 10 years [/quote]
Time to stop being lazy then.
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scaredwoman
newbie
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Posts: 27
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It wasn't lazy at the time. It was the way he wanted it.
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hanzblinx
enthusiast
Reged: 08/13/10
Posts: 380
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[quote]It wasn't lazy at the time. It was the way he wanted it. [/quote]
lol. I need that situation, are then any women out there that want me to be your lazy husband? Don't all raise your hands at once now. I will be happy to watch Oprah and eat bon bons all day if you take care of me in the manner to which I have grown accustomed.
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SelectiveJustice
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I think I may have struck a deal to retain an attorney. I asked why we couldn't draw up a contract and have this attorney put a "lien" against my half of the remaining 401K to cover her costs. She said she would discuss this arrangement with her managing partner. Keep your fingers crossed.....
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migAssiskgots
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Post deleted by dsAdmin
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Sherron
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