dabbie
recently joined
Reged: 08/17/10
Posts: 7
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I have been married for 6 years, we are trying to get the divorce without a lawyer, I don't have the money for it and I really think we should be able to come to an agreement.
My stbx is a Major in the Army, and he is proposing to give me $300 a month for a year, plus he owns two rental properties, which he's still paying.... When he met me I had a very good job and I have to leave it to follow him.
Can anybody give me an idea if that amount is right?
Now, my problem is that during the 6 years of marriage I couldn't work and now I am so far behind in my professional development that is really hard to get a job (I've been trying for 4 months now and I didn't even get an interview)
Thanks.
Edited by dabbie (08/17/10 06:37 PM)
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english7
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Reged: 11/27/09
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Usually they figure alimony for half the length of the marriage. I don't know what a major in the army makes, but $300 a month doesn't sound like a whole lot to me. My ex is a major in the Air Force and makes nearly $90,000 including his rental income.
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MrsB
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Reged: 07/03/10
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I assume you're in oklahoma? It's very rare spousal support is ever awarded in Oklahoma with a marriage lasting under 10 years. Even over 10 can be iffy.
Any children involved?
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Debi
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Reged: 06/03/05
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Being that you've only been married 6 years you may not get anything in court as far as SS goes. I get that you left your carrer but if he's a general then it's pretty obvious he was in the military before you married him and you knew you were agreeing to leave that carrer then.
I really doubt you'll get him to agree to more than the 300.00. A lot of family law attornies will give you a free consult so you may want to look for one who does, get a list of questions together and find out the answers.
I would think more about the marital assests. If you live in a community property state then those rental properties belong to both of you and he could owe you half of the combined value.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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dabbie
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Reged: 08/17/10
Posts: 7
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@MrsB, yes, we have a 4 year old daughter, and he is trying to leave the rental income out of the child support calculation because he is still paying for the houses (we bought one of the houses while we were married).
In theory, he is keeping the house and the debt (which is less than $15k) all of the furniture and the car because I am moving out of the country.
@Debi, I have looked for lawyers that can give me a free consult and I haven't been able to find one, this is a very small town, so, I'm going to keep looking. Thanks for the advice.
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MrsB
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Reged: 07/03/10
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Dabbie - the marital property doesn't get included in CS calculations. Nothing regarding debt or assetts do. Neither of you have an attorney right?
So you're moving out of the country? He's ok with this? Are you taking your daughter?
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dabbie
recently joined
Reged: 08/17/10
Posts: 7
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MrsB, Both of the houses are rented, and he is not including that income in the child support calculation....
We don't have an attorney, neither of us, we are trying to do an uncontested divorce...
He is ok with me moving out of the country with my daughter, and he is willing to do visitation in my hometown.
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gr8Dad
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Reged: 06/07/04
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"Both of the houses are rented, and he is not including that income in the child support calculation...."
Well, if the income is used for upkeep on the properties and for paying the mortgage, there would be no income. You will be entitled to income or proceeds from the second house, but the first is his, and his alone, since he had it before you married.
"we are trying to do an uncontested divorce..."
Trust me, fight for more alimony than he is offering, for a lousy six year marriage, and it will not remain so for long.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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MrsB
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<<@MrsB, yes, we have a 4 year old daughter, and he is trying to leave the rental income out of the child support calculation because he is still paying for the houses (we bought one of the houses while we were married).>>
I misunderstood. If it's rental INCOME it may be included, if one wanted it to be included as income.
I will say - if he's a major in the army and you do not work, you would absolutely be getting more CS than that. Do you plan on working when you move?
If you go to okdhs.org, click on the "Child Support" link and go to the "child support calculator", you can see exactly what the CS would be calculated to by state law.
So...he's taking on all the debt as well as the assetts, correct? How often do you plan on visiting here? that's sad he doesn't even care that his daughter is moving out of the country :(
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MrsB
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Reged: 07/03/10
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I think I'm getting confused...is it only the $300/month he'll be paying, or does that NOT include child support??
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