Start Your Divorce Today - Premium Divorce Online


Divorce Source Community Forums >> Spousal Support/Alimony

Jump to first unread post. Pages: 1 | 2 | >> (show all)
kel4213
recently joined


Reged: 01/27/12
Posts: 8
Husband says he won't have to pay maintenance
      #778303 - 02/23/12 09:56 AM

My attorney says since my husband makes
$65,000/yr and I only make $28,000/yr that he will definitely have to pay me permanent spousal support even though he has more debt than I and will have to purchase his own health insurance which is $700 a month since he is considered uninsurable because of his early kidney disease. I asked my attorney and he said it doesn't matter since he makes so much more money than I do. My husband is pissed because he says now we have to spend all this money for nothing because he won't have to pay me anything. I asked him to do it without going to court, but he won't and I don't want to do just what he says because why should I trust what he says. We live in MN and he is 42 and I am 43. I don't want to spend money going to court if I won't be getting anything out of it.


Post Extras: Print Post   Remind Me!   Notify Moderator  
googledad
Carpal \'Tunnel
**

Reged: 12/31/05
Posts: 10213
Re: Husband says he won't have to pay maintenance [Re: kel4213]
      #778311 - 02/23/12 10:41 AM

How long were you married ?

--------------------
Careful. We don't want to learn from this.


Post Extras: Print Post   Remind Me!   Notify Moderator  
Maury
Carpal \'Tunnel
**

Reged: 06/02/04
Posts: 8182
Loc: This Asylum --->
Re: Husband says he won't have to pay maintenance [Re: googledad]
      #778314 - 02/23/12 10:52 AM

Minnesota law has numerous factors that must be considered when making any assessment of spousal support. Unlike Minnesota's child support statutes, there are no percentage guidelines to determine when spousal maintenance is appropriate or at what level. In Minnesota, trial courts have broad discretion in deciding whether to award maintenance and in determining its duration and amount. As a result, spousal maintenance often becomes one of the most contested issues in divorce proceedings.

Currently, spousal maintenance awards are granted pursuant to Minnesota Statutes 518.552 if the spouse seeking maintenance demonstrates that he or she:

(1) lacks sufficient property, including marital property apportioned as part of the divorce to provide for the reasonable needs of the spouse considering the standard of living established during the marriage, especially, but not limited to, a period of training or education; or
(2) is unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstance, through appropriate employment, or
(3) is the custodian of a child whose condition and circumstances make it appropriate that the custodian not be required to seek employment outside the home.

In determining the amount and duration of spousal maintenance, Minnesota statutes require that Courts address all relevant factors. The statute specifically identifies the following as relevant issues in determining spousal maintenance:

(1) The financial resources of the spouse seeking maintenance;
(2) The amount of time that is necessary for the spouse seeking maintenance to acquire necessary skills or education to find appropriate employment;
(3) The age and physical and emotional health of the recipient spouse;
(4) The standard of living established during the marriage;
(5) The length of the marriage;
(6) The contribution and economic sacrifices of a homemaker including loss of seniority, retirement benefits and other employment opportunities foregone while working at home
(7) The financial resources available to the spouse from whom maintenance is sought.

No single factor is dispositive and the Courts must weigh all factors giving appropriate weight to each. You must consult with an attorney.


Post Extras: Print Post   Remind Me!   Notify Moderator  
kel4213
recently joined


Reged: 01/27/12
Posts: 8
Re: Husband says he won't have to pay maintenance [Re: googledad]
      #778327 - 02/23/12 01:40 PM

Oh, sorry, we've been married 18 years

Post Extras: Print Post   Remind Me!   Notify Moderator  
kel4213
recently joined


Reged: 01/27/12
Posts: 8
Re: Husband says he won't have to pay maintenance [Re: kel4213]
      #778329 - 02/23/12 01:42 PM

Thanks. I've read all that already. I just was wondering if I'm wasting my money trying to get something I may not even get. Soon to be ex is being really mean right now and told me this will get ugly. I told him it doesn't have to be like that, but he insists. So sad right now.

Post Extras: Print Post   Remind Me!   Notify Moderator  
yregna
veteran
*

Reged: 07/25/06
Posts: 1265
Loc: Oregon
Re: Husband says he won't have to pay maintenance [Re: kel4213]
      #778331 - 02/23/12 02:04 PM

kel,
So you never acquired any job skills in 18 years, but your husband did, and now he must pay for your stupidity ? The guy has serious health problems, but you just want your money ?
Can you explain where this feeling of entitlement came from, where you want money you did not earn, and YOU literally don't care if the person paying your bill DIES ?

--------------------
"Anything free is worth what you pay for it..."
"Climate is what we expect, weather is what we get"


Post Extras: Print Post   Remind Me!   Notify Moderator  
hanzblinx
enthusiast
**

Reged: 08/13/10
Posts: 388
Re: Husband says he won't have to pay maintenance [Re: yregna]
      #778336 - 02/23/12 04:32 PM

permanently attached leech at age 43. Congratulations you have achieved the pinnacle of femalehood so young.

Post Extras: Print Post   Remind Me!   Notify Moderator  
Maury
Carpal \'Tunnel
**

Reged: 06/02/04
Posts: 8182
Loc: This Asylum --->
Re: Husband says he won't have to pay maintenance [Re: hanzblinx]
      #778341 - 02/23/12 06:48 PM

At 18 years some spousal support would seem likely. However, a far more detailed review would be required to determine each parties monthly expenses, what each is likely to be awarded as income earning assets and more.

You should consult with am attorney


Post Extras: Print Post   Remind Me!   Notify Moderator  
gr8Dad
Carpal \'Tunnel
*

Reged: 06/07/04
Posts: 31397
Re: Husband says he won't have to pay maintenance [Re: Maury]
      #778342 - 02/23/12 07:03 PM

Nice, very nice. Totally agree.

--------------------
Why give a "senior" discount, they have had plenty of time to raise the money...


Post Extras: Print Post   Remind Me!   Notify Moderator  
kel4213
recently joined


Reged: 01/27/12
Posts: 8
Re: Husband says he won't have to pay maintenance [Re: gr8Dad]
      #786917 - 06/17/12 01:48 PM

I read my original post and it did sound bad. I didn't include everything. Anyway, I found out my soon to be ex will still be covered under my medical and dental insurance as long as we have kids together also on the plan which we do, until the kids are 26. He is in very early stages, no symptoms and his creatine level is better than last year. If his health got worse, of course I would help out by not asking for so much. I don't even want as much as my attorney first said. I just enough to be able to live on my

I never required any skills because I was staying at home with my autistic son who has major behaviors, even when he got older I still had to pick him up from school sometimes and many dr appts, etc. I do work full time now, and found out he actually makes $72000 a year which he hid from me, plus now he is lying about his expenses and hiding my debit card, yes I know he did it for a fact, and now I can't find my credit card
statement. I told him I'm tired of playing nice, which I was doing. I'm not telling you the whole story because it is long. I am not a mean person.


Post Extras: Print Post   Remind Me!   Notify Moderator  
Pages: 1 | 2 | >> (show all)



Extra information
0 registered and 4 anonymous users are browsing this forum.

Moderator:  dsAdmin 

Print Topic

Forum Permissions
      You cannot start new topics
      You cannot reply to topics
      HTML is disabled
      UBBCode is disabled

Rating:
Topic views: 3487

Rate this topic

Jump to

Contact Us Divorce Source Home

*
UBB.threads™ 6.5.1.1


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: