Rayney
recently joined
Reged: 01/20/05
Posts: 9
Loc: Southern California
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Hello all! I am so stressed out and I don't know what to do!!
My boyfriend, whom I live with, has been trying to divorce his Italian ex for two years. They have been physically separated since March 03 and she moved back to Italy a year ago. Since then, he has been giving her $100/month to pay her ONE credit card, while he is left with over $50K in credit card debt (she has a $60K student loan). She has a bachelor's degree and training in several areas, mostly in Art. However, she spent 8 of their 10 year marriage in school and never worked full time, but began working photography jobs after graduation in 99, as well as assisting and a part time photo editing job. She then took more classes in graphic and web design - BUT never worked full time. She also has business training in Italy. They have no kids. My boyfriend is a security/police officer with no degree. After my bf stopped the $100/mo. deposit to her- From Italy, she filed a Motion for Spousal Support in the amount of $800/month. She is claiming her ONLY income is from a stock photography agency, which she is calling her 'employment'. But basically, she is refusing to go out there and get a job, while my bf and I (both without degrees) work our butt's off. I'm now having to get a second job. I'm freaking out because it seems there might be a good chance someone living in another country can get monthly payments from a man in debt, when we have no idea how much money she's REALLY making. How can this happen? Are judge's this unfair. PS- She is the one who had an affair and ended the marriage, but we're in California, and it doesn't matter. I'm working on his case for court (rep'ing himself) PLEASE HELP BEFORE I EXPLODE!!! THANKS IN ADVANCE! :p
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sparky
enthusiast
Reged: 11/16/04
Posts: 289
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Where were they married and for how long?
I'm sorry, I see that they were married 10 years. Has divorce been filed for?
Where?
Edited by sparky (01/21/05 11:16 AM)
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Rayney
recently joined
Reged: 01/20/05
Posts: 9
Loc: Southern California
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They were married in Italy in 1991, but lived in California from 91 until 2003, when she went back to Italy. They filed for divorce in Nov. 03 (although they were technically separated since Nov.02!) They put March 03 as the date of actual separation on their divorce papers. I have been doing a ton of research on the subeject, plus I'm divorced also, so I do understand the factors associated with alimony. They were married over 10 years and she never worked full-time - he's screwed right? But do they take into account that she wasn't employed full time due to domestic duties or raising children, but to puruse her education! Does it matter that he contributed to her education and gave his up in the process? And does it matter that she is not working when she could/should be? If they compare her income to his, of course, he makes 200x more than her cause she's sitting on her butt! Will the judge look at the fact that she's a competent educated person and should have found some kind of job in the last YEAR?! I quit my previous job to move to CA with my boyfriend and, without any qualifications, found a job in a month. Will the judge esentially award a person for being lazy?? And one more detail - their standard of living during the marriage was crap. He was making between min. wage-35,000/year their entire marriage (in S. California!!!) and they were living in a one bedroom apt, in constant debt. I have seen records of about 5K in returned check fees in a year!
Thanks so much for any opinions!
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Rayney
recently joined
Reged: 01/20/05
Posts: 9
Loc: Southern California
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Why do I have 168 views and no responses? You all seem so helpful with other questions. Are my questions not valid?
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Plum
enthusiast
Reged: 10/04/04
Posts: 218
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No one has answered because yours is a complex question involving alimony (which is an iffy thing in any court and no one can predict that outcome) and worse, non-USA law with the Italian ex.
At least no one gave you a WRONG answer!
You guys need a real live lawyer.
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Lawyers rule the U.S.; I am not one of them.
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Rayney
recently joined
Reged: 01/20/05
Posts: 9
Loc: Southern California
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I guess my situation is so complex, nobody has any more of an idea than I do! I hope her being in Italy is beneficial for us. Does anyone have any thoughts on this part of it. She didn't have a full time job for 10 years because she was in school, and she's basically claiming no income; however she is a freelance photographer in Italy, so essentially works for herself, but is claiming no income from that. Does anyone have any ideas how a judge might view that situation? The court is in two weeks and I am very nervous about this.
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