nobodyspecial
recently joined
Reged: 12/05/07
Posts: 7
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I am new here. I am happily married.
My father is getting a divorce and I need to help him anyway I can. I am not happy with his attorney but he will not "change horses in the middle of the race". (his words)
It is in Kentucky. No fault, equitable division.
Here is the deal.
He was married to this ....person for 5 years, then divorced for 3 to 4 yrs, then married again for 5 years. they have a 12yr old daughter. He is retired from a union, and is now working as a consultant and drawing his pention. She claims she is going to get 1/2 of his pension, child support, and maintenance.
My father has had a stroke and surguries on both of his legs (major arteries clogged 80% and 95%) in the last 3 years. Still working. ( out of town mostly)
She purchased a house while they were divorced and then it was refinaced after they got re-married. (his name is on the mortgage but not on the deed). Then @ 8 months ago she wanted to buy another house so.. they did. She rents the 1st house for $500 and the mortgage on that one is $718 month.
She collects SSDI. (yeah she is disabled...NOT) All his checks were going to the their house and she "took care" of the bills.
3 months ago she told him she didn't know what to do because they were behind on bills some much. 3 months on the new house, car ready to be repo-ed, CC, etc. He said they could get caught up if they (meaning her) stopped spending so much extra money. She said she "can't do that and we'll just get divorced".
Now after 2 1/2 month of him taking care of the bills, all are current.
Questions.
Can she get any of his pension? He retired in 2003.
Can she get any maintenace?
She is asking for $4500 per month for maintenace in addtion to child support of $915 per month.
His gross income is @ $115,000 per year. (job and pension)
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freedom123
addict
Reged: 05/21/07
Posts: 528
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I'm not sure about the maintenance but I'm sure she'll get some portion of his pension. Does she have any kind of pension besides social security...because that would offset the total amount of pension. I'm also in Kentucky...I have $20,000 in teacher retirement...he has $140,000 in 401K. They are going to subtract $20,000 from his 401K making the portion available for equitable division $120,000. I'll get $60,000 of that amount.
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nobodyspecial
recently joined
Reged: 12/05/07
Posts: 7
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She has something from her first marriage. Her 1st victim.... I mean husband worked(s) for the railroad.
Has it been determinded by the judge that you will get $60k? Because equitable division does NOT mean 50/50.
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freedom123
addict
Reged: 05/21/07
Posts: 528
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It's already been discussed by both attorneys (and his attorney is saying the same as mine). No final word from judge until after final hearing but I cannot imagine it being any other way with the circumstances (I won't go into detail but my x is a lying, stealing, cheating jerk) as they are. And all 401K monies and my teacher retirement were during our marriage.
The railroad thing was BEFORE they were married so that is NOT marital (with your dad's x). That will not count to offset the amount in consideration which would be the portion DURING your dad's marriage to her.
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nobodyspecial
recently joined
Reged: 12/05/07
Posts: 7
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Thank you for that. That is what I wanted to hear. However if she receives any money from the 1st husband's retirement would that not count as income on her part? I just can't imagine her getting CS and maintenance of $4500 per month. What is he supposed to live on?
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6484
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$4500 a month is almost half of what he grosses, never mind how much he nets. On top of that she wants $915 CS from him and she gets retirement money from ex #1 and her SSDI ? Check with the local SSI office to confirm, but alimony counts as income (not sure about CS) and her income is limited to $900 a month to remain eligible for SSDI. Then she'll lose SSDI and the accompanying medicare. She's shooting herself in the foot. I'd love to be a fly on the wall when she figures all of that out.
What the hell is she smoking ?
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