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wiscodad
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Maintenance estimate--need help.
      #774383 - 01/15/12 02:59 PM

Plan to file soon jointly in Wisconsin. We are trying to come to agreement on maintenance. I make $180,000 and my stbx makes about $25,000 per year. What is a reasonable monthly spousal maintenance to expect?

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Renny
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Re: Maintenance estimate--need help. [Re: wiscodad]
      #774384 - 01/15/12 03:12 PM

It would help to have more inormation, such the length of the marriage, children, her needs. These are the factors considered in WI

Spousal Maintenance Factors

Currently, Spousal Maintenance awards are granted pursuant to Wisconsin Statutes Case 767.26. Under this law the courts are guided by ten factors that should be considered in determining a spousal maintenance award. The factors include:

The length of the marriage.
The age and physical and emotional health of the parties.
The division of property made in the divorce.
The educational level of each party at the time of marriage and at the time the action is commenced.
The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment.
The feasibility that the party seeking maintenance can be-come self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and, if so, the length of time necessary to achieve this goal.
The tax consequences to each party.
Any mutual agreement made by the parties before or during the marriage, according to the terms of which one party has made financial or service contributions to the other with the expectation of reciprocation or other compensation in the future, where such repayment has not been made, or any mutual agreement made by the parties before or during the marriage concerning any arrangement for the financial support of the parties.
The contribution by one party to the education, training or increased earning power of the other.
Such other factors as the court may in each individual case determine to be relevant.
No single factor is dispositive and the Courts must weigh all factors giving appropriate weight to each.
One important factor in determining whether spousal maintenance is paid and for how long is the length of the marriage. Shorter marriages often result in no award of spousal maintenance or lesser awards. Longer marriages may result in long term or even permanent awards. A second important factor in determining the level of spousal maintenance is the standard of living the parties enjoyed during the marriage. When faced with a long term marriage (fifteen years or more), often Wisconsin trial courts begin their evaluation of spousal maintenance with the proposition that a spouse that is dependant on the other for financial support is entitled to 50% of the earnings of both parties. This is considered to be a starting point for equalizing the standard of living for each party.


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wiscodad
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Re: Maintenance estimate--need help. [Re: Renny]
      #774408 - 01/15/12 07:58 PM

Married 24 years, 1 child 12 yrs, we are both 50 years old now. I want to make an offer that is reasonable that includes maintanece, assets, etc. we will have joint 50/50 custody and I will be paying about $1300/mo in child support. It seems that something around $5,000/mo between child support, alimony and her earning capacity would be about right with her getting a significant sum of money.

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hanzblinx
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Re: Maintenance estimate--need help. [Re: wiscodad]
      #774506 - 01/16/12 10:57 AM

[quote]Married 24 years, 1 child 12 yrs, we are both 50 years old now. I want to make an offer that is reasonable that includes maintanece, assets, etc. we will have joint 50/50 custody and I will be paying about $1300/mo in child support. It seems that something around $5,000/mo between child support, alimony and her earning capacity would be about right with her getting a significant sum of money. [/quote]

That seems high to me. In Colorado my ex filed and she got $800/mo alimony. Her income was zero (SAHM)and mine 102K plus 18K side income. It only took her a few months to marry her boyfriend, so alimony terminated fast.


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Renny
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Re: Maintenance estimate--need help. [Re: wiscodad]
      #774511 - 01/16/12 11:29 AM

[quote]Married 24 years, 1 child 12 yrs, we are both 50 years old now. I want to make an offer that is reasonable that includes maintanece, assets, etc. we will have joint 50/50 custody and I will be paying about $1300/mo in child support. It seems that something around $5,000/mo between child support, alimony and her earning capacity would be about right with her getting a significant sum of money. [/quote]

It sounds reasonable to me given your income. You might consult with an attorney and a financial advisor, since you can afford it, to taylor the alimony to your situation.


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Maury
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Re: Maintenance estimate--need help. [Re: Renny]
      #774758 - 01/18/12 11:24 AM

In Wisconsin, on a long term marriage, the presumption starts out as an equalization of income. That presumption may be rebutted and is impacted by property divisions, income producing assets, debt and child support issues.

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finz
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Re: Maintenance estimate--need help. [Re: Maury]
      #775018 - 01/20/12 10:54 PM

An equalization of income ? I didn't realize that ss could get THAT high......that's not doubting your word, Maury.....just a statement of my lack of knowledge/understanding on this.

Do you happen to know what the general rule of thumb is in Massachusetts ?


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Maury
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Re: Maintenance estimate--need help. [Re: finz]
      #775425 - 01/24/12 10:58 AM

I am not familiar enough with Massachussets law.

In Wisconsin, the starting point for a spousal maintenance evaluation of a long-term marriage is to consider an equal division of total income. Schmitt v. Schmitt, 201 WI App. 78, 242 Wis. 2d 565, 626 N.W.2d 14.

A 20 year marriage is generally considered the threshhold of a long term marriage. As a result, you must rebut the presumption for a spousal maintenance award which essentially takes the incomes of both parties, adds them together and then divides by two.


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finz
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Re: Maintenance estimate--need help. [Re: Maury]
      #775687 - 01/26/12 10:59 PM

Thank you, Maury

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