finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6462
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[quote]"But alas, I am sure she will pipe back in with some supersecret reason we don't know why a judge would change his mind."
Here it is, and I hope I don't have to keep repeating this. The judge never heard the pendente lite spousal support. He stayed it b/c my ex was deployed. "
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Implies all about SS
"Yeah I am trying to figure out what was 50k. Did she personally build an addition onto his house? I can't believe that the house is worth more even with a new roof AND an addition - with the housing market. If she gets any theoretical sweat equity that isn't there because of the down housing market - he can and should appeal. That would be an easy win."
Now you're saying the 50k is just for the home improvements? I've said before, the 50k is for everything, property distribution, pendente lite, minus debt. My lawyer took the established formula used in VA for spousal support. The amount is very high b/c of the huge difference in income."
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Yay ! You finally mention $53,000 is for everything !
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6462
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[quote]"Your marriage was too short for you to get anything that even resembles what you are asking for. Bad behavior on his part doesn't not mean money for you. That his bad behavior made your decisions go from "risky" to "very Bad idea" does not equal compensation for you."
You are wrong:
§ 20-107.1.
"E. The court, in determining whether to award support and maintenance for a spouse, shall consider the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of § 20-91 or § 20-95. In determining the nature, amount and duration of an award pursuant to this section, the court shall consider the following:
1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
2. The standard of living established during the marriage;
3. The duration of the marriage;
4. The age and physical and mental condition of the parties and any special circumstances of the family;
5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
6. The contributions, monetary and nonmonetary, of each party to the well-being of the family;
7. The property interests of the parties, both real and personal, tangible and intangible;
8. The provisions made with regard to the marital property under § 20-107.3;
9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;
10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;
11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties." [b]the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of § 20-91 or § 20-95. [/b] [/quote]
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All about the SS
Page 15 now
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english7
Carpal \'Tunnel
Reged: 11/27/09
Posts: 3001
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OMG finz, you take the cake. You really do. I have to get my brother to bed now. I will correct your nonsense sometime tomorrow. Meanwhile, sleep well.
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6462
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Page 21......
""I don't think $50,000 for SS is reasonable"
Please stop thinking the 50k is all for spousal support. It is NOT. I've said that before. "
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21 pages to get the point accross.
What is the breakdown ?
Don't you think you might have taken less crap if you were clear.....FROM THE START ??????
Can you not see that if you are, say, asking for $5000 in support and the rest is other issues, how this thread would have gone differently ?
I have asked you repeatedly in this thread to step back and look at what everyone has said objectively. The reading comprehension issue isn't mine English.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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The thread that would not die . Fine your request was for equitable distribution and pendante lite alimony . You asked for $53,000 . How much was alimony ? How much was property distribution ? What would you be happy with ?
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Careful. We don't want to learn from this.
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6462
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[quote]"Just another example of you implying the whole amount was for the spousal support....."
Finz, what did you think the equitable distribution part in the OP referred to?
"My court hearing
for spousal support and equitable distribution was last Tuesday. " [/quote]
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I took it to mean she was asking for 2 things......SS and eq dist. Someone else might ask for SS, eq dist, and CS.....they are all different amounts. When she further added this....."We asked for a lump sum of 53,000. Of course we know that won't happen (13-month marriage)" I assumed that to refer to SS because she was doubting what she would get because it was only a 13 month marriage.
I'm not divorced yet, so I don't know, but I thought from reading here that eq dist was about splitting up what was made/acquired during the marriage........So, for instance, if a couple are only married for a week but purchased a lottery ticket and won 10 million, that would get divied up just the same as it would if they were married for 20 years.....If that's not correct, please set me straight.
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6462
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[quote]The thread that would not die . Fine your request was for equitable distribution and pendante lite alimony . You asked for $53,000 . How much was alimony ? How much was property distribution ? What would you be happy with ? [/quote]
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Apparently, that's a big secret. I've asked several times and she hasn't answered.
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sampoe50
newbie
Reged: 12/15/10
Posts: 43
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And aren't you the jack wagon who lied with his parasite wife (then live in girlfriend) to the government to get government assistance for housing and food? You said she was a room mate?
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6462
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lol
Best joke account EVAH !
Go Team California !
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20058
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"I took it to mean she was asking for 2 things......SS and eq dist. Someone else might ask for SS, eq dist, and CS.....they are all different amounts. When she further added this....."We asked for a lump sum of 53,000. Of course we know that won't happen (13-month marriage)" I assumed that to refer to SS because she was doubting what she would get because it was only a 13 month marriage."
We understood it differently then, no big deal.
"I'm not divorced yet, so I don't know, but I thought from reading here that eq dist was about splitting up what was made/acquired during the marriage........So, for instance, if a couple are only married for a week but purchased a lottery ticket and won 10 million, that would get divied up just the same as it would if they were married for 20 years.....If that's not correct, please set me straight. "
Now you made me look it up lol... disclaimer... not an academic source...
What is "equitable distribution?"
Most states employ "equitable distribution" in dividing marital (community) property as a result of the dissolution of marriage (divorce). Instead of a strict fifty-fifty split (in which each spouse receives exactly one-half of the marital or separate property), equitable distribution looks at the financial situation that each spouse will be in after the termination of the marriage. While equitable distribution is more flexible, it is harder to predict the actual outcome, since the various factors are subjectively weighed. Factors considered in equitable distribution include:
1. Earning power of the spouses (one might be much greater than the other)
2. Separate property of the spouses (one might be greater in value than the other)
3. One spouse having done all the work to acquire the property
4. The value that one spouse contributed as the home-maker for the family
5. Economic fault of one spouse in wasting and dissipating marital property
6. Duration of the marriage
7. Age and relative health of the spouses
8. The responsibility for providing for children of the marriage
9. Spousal abuse or marital infidelity (to penalize the offending spouse).
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