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#346999 - 02/03/08 01:10 PM Maintenance for 4yr marriage
Wantabefree Offline
newbie

Registered: 01/28/08
Posts: 45
Does anybody know what the trend is for spousal support after 4 year marriage? I appear to make 4 times as much since my wife studies her MS degree and refuses to get a proper paying job. She already has a college degree and we have a 1.5 year old child.

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#347000 - 02/03/08 03:47 PM Re: Maintenance for 4yr marriage [Re: Wantabefree]
Pops_IL_CP_Dad Offline
addict

Registered: 02/02/08
Posts: 406
Loc: Illinois
It depends upon your state statutes. At the most, you might be required to pay some maintenance until she finishes her degree. Looking at this from the long run, that is only beneficial to you since her income potential after obtaining a master degree would be much higher -- thereby reducing CS you would have to pay or increasing CS she would have to pay.
_________________________
Focus on what is legally relevant, not morally indignant or petty.

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#347001 - 02/11/08 09:51 PM Re: Maintenance for 4yr marriage [Re: Wantabefree]
1004SRS Offline
Carpal \'Tunnel

Registered: 12/11/06
Posts: 5044
What county? I turned down maintenance. I could hae had it for 1/2 of the lenght of the marriage or in other words 2 years of a 4 year marriage.

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#347002 - 02/12/08 01:02 AM Re: Maintenance for 4yr marriage [Re: 1004SRS]
Pops_IL_CP_Dad Offline
addict

Registered: 02/02/08
Posts: 406
Loc: Illinois
This is an explanation of the Kansas Code. (Note the trial court is not required to award any maintenance.)

K.S.A. 1998 Supp. 60-1610(b)(2) allows the court to award maintenance in an amount the court finds fair, just and equitable under all the circumstances. The trial court is not required to award any maintenance.

The Kansas Courts have included the following as factors in determining the amount of maintenance to award:

1. age of the parties;
2. the parties' present and prospective earning capacties;
3. the length of the marriage;
4. the property owned by the parties;
5. the parties' needs;
6. the time, source and manner of acquisition of property;
7. the family ties and obligations; and
8. the parties' overall financial situation.

These are the same basic factors listed in the Kansas statute for dividing property.

In addition, the court may consider if one spouse is awarded income producing property, health of the parties, ability to work, time necessary to acquire additional job skills, standard of living during the marriage and comparative earning capacity of each spouse are also relevant considerations.

The need of the dependent spouse combined with consideration of the ability of the other spouse to pay is the predominant principle used in Kansas today. The Kansas Court has reiterated that maintenance is not be imposed as a penalty but rather is a substitute for a duty of support.

A typical amount of maintenance for a Court to order in Kansas can be determined by taking the difference in income between the parties, and then taking 25% of that figure. The award will normally be closer to 20% of the difference in income if the paying party is also paying child support. A typical determination in length of maintenance is 1 year of payment for every 3 years of marriage, not to exceed 121 months. Some jurisdictions have published guidelines in determining amount and length of maintenance. A jurisdictions guidelines will also tell you how long you must have been married before maintenance will be considered. However, understand that a Judge can go against the guidelines whenever it feels necessary.


Kansas statute regarding spousal support/maintenance
http://kansasstatutes.lesterama.org/Chapter_60/Article_16/#60-1610

Johnson County Family Law Guidelines
http://www.jocobar.org/pdf/guidelines2005.pdf

Shawnee County Family Law Guidelines
http://www.shawneecourt.org/forms/guidelines.pdf

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#347003 - 02/12/08 08:55 PM Re: Maintenance for 4yr marriage [Re: Pops_IL_CP_Dad]
1004SRS Offline
Carpal \'Tunnel

Registered: 12/11/06
Posts: 5044
It is great and all to cut and paste this stuff, but trending was his question.

Depends on the county you live in.

Plus, I'd expect your STBX to ask for the moon and then you both have room to negotiate.

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#347004 - 02/12/08 10:00 PM Re: Maintenance for 4yr marriage [Re: 1004SRS]
Pops_IL_CP_Dad Offline
addict

Registered: 02/02/08
Posts: 406
Loc: Illinois
And the answer to trending was posted. OH, the word used in the post was "typical" not "trending". I see why you were confused.

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#347005 - 02/13/08 12:17 AM Re: Maintenance for 4yr marriage [Re: Pops_IL_CP_Dad]
Wantabefree Offline
newbie

Registered: 01/28/08
Posts: 45
We are in Sedgwick county

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#347006 - 02/14/08 03:16 AM Re: Maintenance for 4yr marriage [Re: Pops_IL_CP_Dad]
1004SRS Offline
Carpal \'Tunnel

Registered: 12/11/06
Posts: 5044
And you are experienced in KS Divorce law how?

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#347007 - 02/14/08 03:17 AM Re: Maintenance for 4yr marriage [Re: Wantabefree]
1004SRS Offline
Carpal \'Tunnel

Registered: 12/11/06
Posts: 5044
I can tell you in Shawnee and Johnson County that Maintenance isn't a given anymore.

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#347008 - 02/14/08 10:41 AM Re: Maintenance for 4yr marriage [Re: 1004SRS]
Pops_IL_CP_Dad Offline
addict

Registered: 02/02/08
Posts: 406
Loc: Illinois
1004SRS -- Maintenance isn't a given in any court in the state of Kansas. If you carefully read the statute posted above, you will find that it quite clearly states that the trial court is allowed to award maintenance but it is not required to award any maintenance. When people are contemplating divorce, settlement, etc., it is important to know the factors that a court will use to make that determination.

Wantabefree -- as you probably know from reading and posting here, every case is decided on its own merits. I agree with 1004 that certain judges and certain counties may have a tendency to rule certain ways. By understanding what factors a court uses to determine maintenance, you may be able to help your own particular case.

Sedgwick County has its own family law guidelines. You could get a copy from your county courthouse, if you wanted any further information on that.
_________________________
Focus on what is legally relevant, not morally indignant or petty.

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