TexasDad2002
recently joined
Reged: 10/24/11
Posts: 11
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My STBX asked me to move out of our house last month, and she filed for divorce on October 12. The good news is that we agree on all of the important things (custody, etc). The only thing we are fighting about is money.
She seems to be having trouble grasping some simple concepts like the fact that she will no longer have access to my full paycheck after we are divorced. I make a very good living, and she is very qualified to get a decent job as well. She has a CPA license and was employed in her field for the first 12 years of our marriage. She stopped working 3 years ago (against my wishes), and has been a stay at home Mom since that time.
I have offered to give her 60% of the Community Property, which would net her about $300K ($100K in cash and $200K in retirement, etc).
The state maximum for child support (Texas) is based on 25% of my take home, capped at $7,500 a month, so $1,875 a month. I offered to pay $2,000 in child support and also to pay $3,000 a month for 2 years so she could get fully up and running in a new job.
She has come back by saying that she wants $4,000 a month in child support and an additional $5,000 a month in spousal support for 5 years. It is very questionable whether she would get any spousal support if this goes to court, and in any event, the maximum in the state of Texas is $2,500 per month for 3 years. Texas predicates Spousal support on the spouse not being able to meet their "minimum reasonable needs" and the fact that she has a CPA license pretty much kills that argument.
I want to get this over with, but I have no idea how to proceed. She keeps basing her calculations on my future income and she clearly believes she is entitled to at least half of everything that I might make in the future. I have been assured by my attorney that this is not even close to reality.
At this point, it looks like we may just need to fight this out in court. It just sickens me that we will likely end up spending a significant portion of the Community Property funds on lawyers, and we will both end up in a much worse place than we could have been.
Is there any recourse I have when my STBX just refuses to engage in a rational, good faith negotiation?
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javajunkiee
Carpal \'Tunnel
Reged: 06/01/08
Posts: 3153
Loc: SC
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What you consider rational and in good faith is probably unreasonable and bad faith in her opinion. The only recourse you'll have is the satisfaction of the judge not giving her everything she wants.
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Marriage doesn't come with a money-back guarantee.
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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"the maximum in the state of Texas is $2,500 per month for 3 years."
Just know that TX law regarding alimony just changed. The prior statute stated the duration of payments could not be ordered for more than three years. The new change is similar to a sliding scale based on the length of the marriage. The duration of the payments can be up to 5 years if you were married between 10 and 20 years, 7 years, if you were married between 20 and 30 years and 10 years of maintenance if the marriage is longer than 30 years. The limit of the payments is raised from $2500 or 20% of gross income, whichever is less to $5,000 or 20% of gross income, whichever is less.
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TexasDad2002
recently joined
Reged: 10/24/11
Posts: 11
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Quote:
"the maximum in the state of Texas is $2,500 per month for 3 years."
Just know that TX law regarding alimony just changed. The prior statute stated the duration of payments could not be ordered for more than three years. The new change is similar to a sliding scale based on the length of the marriage. The duration of the payments can be up to 5 years if you were married between 10 and 20 years, 7 years, if you were married between 20 and 30 years and 10 years of maintenance if the marriage is longer than 30 years. The limit of the payments is raised from $2500 or 20% of gross income, whichever is less to $5,000 or 20% of gross income, whichever is less.
Thanks, I did not know that.
In my case, that extends the period to 5 years, although based on my gross, I would still be under the old cap (I think I gross about $12K / month based on how the amount is calculated).
In any event, I think the fact that my STBX has a degree, and a CPA license, and over ten years of relevant work experience, will preclude support, not to mentio n the fact that she will be walking away with over $100K in cash.
She definitely thinks I am being unreasonable by only wanting to give her "a little" over what state law mandates. She actually suggested that we ask our attorney's to base the settlement on California law (even though we have never lived in California).
I'm definitely getting a prenup if I ever do this again.
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