Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
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Re: man seeking support
01/30/12 11:24 AM
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First, you do not receive a portion of your spouse's social security as you indicate. rather, after 10 years, your Social Security entitlement can be based on your spouse's earnings. Your spouse's Social Security is not reduced.
Second, although spousal support determinations would require a review of all of the facts, not just the limited information posted, it would seem, a minimum, that some temporary support would be ordered. There appears to be little doubt, however, that you will have to demonstrate that you sought employment and were unable to find any - even a minimum wage job.
In Kentucky, the court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance:
(a) Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and
(b) Is unable to support himself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
The maintenance order shall be in such amounts and for such periods of time as the court deems just, and after considering all relevant factors including:
(a) The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
(b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
(c) The standard of living established during the marriage;
(d) The duration of the marriage;
(e) The age, and the physical and emotional condition of the spouse seeking maintenance; and
(f) The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance.
Sections 403.200 and 403.180 of the Kentucky Statutes.
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