billbrooks50
recently joined
Reged: 01/12/11
Posts: 1
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We have been married for 10 years. She has a biological child age 15. My wife has incurred a significant amount of debt without my consent, against my wishes and in HER NAME ALONE. An example is a 1200 per month payment on one of her 2 automobiles. We have no common property, meaning no real estate holdings, savings or investments. I have zero debt and want to keep it that way. She is now wanting me to support her following the divorce. I am already volunteering to support my step daughter until she is 18 or beyond but I am wondering if I am required to support my wife's lifestyle/DEBT which she has established AGAINST MY CONSENT.
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1966Gal
Carpal \'Tunnel
Reged: 04/04/08
Posts: 10098
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Maybe. What is the difference in your incomes? How much does she make? How much do you make? You have absolutley Zero assets? No home equity? No 401k? No pension? No savings? Nothing??
I hope you've filed for divorce already. 10 years is the magic number in alimony. The longer you let this marriage continue, the more likely you are to pay.
Start documenting everything. You are going to have to prove that her debts didn't involve you at all.
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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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spinnerdegrassi
Carpal \'Tunnel
Reged: 08/20/06
Posts: 7952
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Don't pay for her daughter. That's her mother and father's job. If you want to give the kid $$$ directly do so, but by no means agree to anything that gives your soon to be ex the $$$.
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Annie7676
old hand
Reged: 06/05/05
Posts: 862
Loc: NY
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I have no idea what the rules are but seek legal counsel and find out if you can put in the divorce settlement that she is responsible for her debt that you legally have nothing to do with it. Not sure if you can do that but a lawyer can tell you.
As for paying for the daughter, I agree with the other post, give her money, the daughter directly. Her support should come from her mother and the bio father. If you wish to give her money for something set up a 529, get the write off and put it in there.
Did your wife work during your marriage? And again 10 yrs seems to be the deadline for support. I would have all of what you will do hammered out in the divorce.
Spousal support is a testy issue. SAHM's usually get it but from what I gather there is a limit on it now, not forever like it used to be.
Good luck.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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First of all, you don't have zero debt. ANY debt incurred during a marriage is JOINT debt. If you were against it, you should have left BEFORE it got so high.
As for spousal support, that is all going to depend on your state and the disparity in income. If incomes are similar, then spousal support isn't likely. But it may be ordered for a certain time period to cover your portion of the debt since the joint debt is just in her name. You aren't going to get out of paying a share of the joint debt unless your stbx agrees to it.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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Anything acquired during the marriage is presumed marital and, usually, the peesumption is for equal division, that includes assets (eg. cars, retirment plans, furniture) and debts. It matters little in whose name they were acquired or incurred.
In most states, there is no ten year threshhold for spousal maintenance. By and large, that is a fiction in most states. Whether any spousal support is paid depends on a great number of factors, not the least of which is the respective earning capacities of the parties, the health of the parties, and the length of marriage. There is far too little information in your post to even begin making an informed opinion related to spousal support.
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hanzblinx
enthusiast
Reged: 08/13/10
Posts: 380
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For the sake of Pete pay your stepdaughter directly. Do not pay CS to the mother.
You need to provide more info before anyone can predict your alimony situation. For all we know you could be Bill Gates or you could be flipping burgers at McDonalds. It makes a difference.
In my case I was married 12 years and pay 1.5 years of alimony payments (actually 2 years if you include temp orders). Of course zero is better, gives the ex wife a chance show off how independent she is lol.
As far as debts go, should have known better than to marry a woman. They love that plastic.
Edited by hanzblinx (01/13/11 11:16 AM)
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javajunkiee
Carpal \'Tunnel
Reged: 06/01/08
Posts: 3155
Loc: SC
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She'll probably get a minimum of short term support. You're also not debt free - assets and debts accumulated during the marriage are usually split during divorce. The step daughter, while its admirable for you to continue supporting her, shouldn't be your responsibility. At the very least make sure her mother and father are taking care of their responsibilities to her BEFORE you start handing out $$.
If your wife has the ability to work, she should get a job and support herself, and her spending habits. Unfortunately however, unless you have a very good attorney, you're likely to end up paying more than you want to (or should).
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Marriage doesn't come with a money-back guarantee.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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"She'll probably get a minimum of short term support."
There is absolutely nothing on which to base that opinion I am afraid.
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coco
recently joined
Reged: 07/23/10
Posts: 23
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[quote]"She'll probably get a minimum of short term support."
There is absolutely nothing on which to base that opinion I am afraid. [/quote]
Absolutely correct. In Colorado, he could be ordered LIFETIME alimony for a 10 year marriage.
What state?
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