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support4me
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Reged: 01/28/09
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Will I get spousal support?
      #498181 - 01/28/09 09:46 AM

My husband and I have both retained atttorneys, and he is unwilling to negotiate financial arrangements. We have been married for 5 1/2 years, I have been a stay at home mom of our 2 boys (5 and 2) for all of that time (except when I briefly waitressed when he lost his job a few years ago). He makes 90k a year and I am asking for $1800 in child support (the min. is 1600) and $1,000 a month in spousal support for 2 years and $2,500 for my schooling to help me get back on my feet while still caring for our 2 young children. My attorney thinks this is reasonable (if not a little less than I should ask)My husband and his attorney are determined to give me NO spousal support or money for school. What are the chances of my husband getting away with giving me no spousal support? He seems convinced I can go work at McDonalds at nights or weekends to support myself. He will only have the boys on weekends. Oh yeah, and I have no college education and no prior experience of anything to give me means of support.

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Maury
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Re: Will I get spousal support? [Re: support4me]
      #498259 - 01/28/09 11:31 AM

You have a short term marriage. You do not provide any information about your age or your health and ability to work. Those are certainly relevant iussues.

Regardless, in some states, no spousal support would be payable based on such a short term marriage. Texaas is such a state.

In others, you may be looking at very short term spousal support for a time period to allow you to search for a find a job. Since you had no college edication before you were married, there is no basis for you to seek a job that requires an education after the marriage.

Two years would seem to be pushing the outside of the envelope in my opinion. However, it seems reasonable to seek the maximum and expect to negotiate for something less. Often in such cases, spousal maintenance is exchanged for a disproportionate property settlement, includingliquid assets which can be used for support, in your favor.


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PhoenixRising
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Re: Will I get spousal support? [Re: support4me]
      #498307 - 01/28/09 12:46 PM

What state?

In most states, you would not qualify for SS nor payment of a college education.

Offhand, I cannot think of any state where you would qualify for both for such a short-term marriage.

Word of warning, even in my state where my 20yr marriage did qualify me for spousal support; my lawyer was VERY careful to NOT promise me anything... If your lawyer is telling you this is reasonable; you should definitely get a 2nd opinion.

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Be kind, for everyone you meet is fighting a hard battle. --Plato


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Karen1
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Re: Will I get spousal support? [Re: PhoenixRising]
      #498406 - 01/28/09 07:10 PM

Deja vu.. I could swear I read the first two posts, word for word, in another forum.

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"Don't cry because it's over, smile because it happened".


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GreatMomma
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Re: Will I get spousal support? [Re: Karen1]
      #498447 - 01/29/09 07:06 AM

In my state the is NO spousal support, only child support. I think in most states spousal support is if you were married over 10 yrs. & there may be other rules also. I remember reading this. Personally, I see how you're scared, but I don't see why he should pay for your college education? My hubby was divorced & he paid for his ex to go to college, but he was absolutely raked over the coals. She threw fits, called cops, called cps...whatever she could do & he just bowed to her every whim. He wanted to be done so badly...he just gave her whatever she wanted. She STILL doesn't appreciate it. It's AMAZING!!! ha ha ha! I think it sounds like you're trying to rake him over the coals, but think it's because you're afraid. You have to look at it as if you were on the outside. You weren't married long.

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Maury
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Re: Will I get spousal support? [Re: GreatMomma]
      #498487 - 01/29/09 09:59 AM

"I think in most states spousal support is if you were married over 10 yrs . ."

Very few states have statutory laws setting a necessary length of marriage. Texas and California are exceptions and do.


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finz
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Re: Will I get spousal support? [Re: Karen1]
      #498720 - 01/30/09 02:11 AM

ditto

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