My sister is going through a divorce and I am looking for some information so I can help her.
Background: My sister has been married around 6 years. They have one child, high school age. For most of the relationship she has not worked, but within the last year got a job working retail. Her salary varies greatly depending on the number of hours she gets. I would guess she makes around 20-25,000 annually. He has a good job and probably makes around 65-75,000. They live in a low cost of living area. For example rent on a decent two bedroom apartment would be $700-$800 a month.
Her and her husband are trying to keep the divorce amicable. They are separated for now and they are trying to figure out how much support she should receive from him. They are getting close to nailing down a number and she is asking for advice on that number. My family thinks she should hire a lawyer, but she is trying to avoid that if possible, at least for now. He wants to give her $700 for child support and alimony. Do you guys think this is fair based on the above information? If she got a lawyer would she get a lot more then that? She isn't trying to milk him for every dollar she can, but is trying to make sure she doesn't screw herself completely by agreeing to this number.
I don't know a lot about divorces. Will she have to go in front of a judge eventually? Will the judge decide on this issue even if they come to an agreement now? Does anybody have an idea on how long alimony lasts?
That's 10% of his salary. What is their custody agreement? My brother pays 1800 in child support for two kids in MCOL and he only gets the kids five days a month.
Post by lyssbobiss, Command, B613 on Mar 20, 2013 16:08:22 GMT -5
I have some more questions before I have any judgment about that number. Who will the child live with primarily? How will time be split between the two parents? Who carries the child's insurance? What are the plans for any joint assets (house, cars, other property)? What about retirement accounts?
This isn't popular but we both used the same attorney and worked everything out between the two of us - the attorney drew up the papers and filed everything for us and charged us one flat rate as a professional courtesy to my ex-husband (also an attorney). It worked in our particular situation, but I wouldn't recommend it for most other people going through a divorce.
I can't see a need for her to ever have to appear before a judge if the divorce is amicable and everything is agreed upon.
"This prick is asking for someone here to bring him to task Somebody give me some dirt on this vacuous mass so we can at last unmask him I'll pull the trigger on it, someone load the gun and cock it While we were all watching, he got Washington in his pocket."
She should pay for a consultation and be very aware of what's due and may help her think of things she hasnt thought of yet. She needs to know all of her rights in case it does go bad. The possibilty always exists.
In CA theres a support formula that i have heard is accessible online The program is dissomaster (sp?). It's what CA uses to determine the monies.
I have some more questions before I have any judgment about that number. Who will the child live with primarily? How will time be split between the two parents? Who carries the child's insurance? What are the plans for any joint assets (house, cars, other property)? What about retirement accounts?
This isn't popular but we both used the same attorney and worked everything out between the two of us - the attorney drew up the papers and filed everything for us and charged us one flat rate as a professional courtesy to my ex-husband (also an attorney). It worked in our particular situation, but I wouldn't recommend it for most other people going through a divorce.
I can't see a need for her to ever have to appear before a judge if the divorce is amicable and everything is agreed upon.
The child will live with my sister, with visits with her dad every weekend. Right now her dad is coming to spend time with her every weekend while my sister goes somewhere else. So I guess custody stuff isn't really formal yet either, but so far it doesn't seem to be a problem.
The father pays for her insurance. Probably costs an extra $200 a month for him.
There aren't very many joint assets that have any equity. I'm not sure about retirement accounts, but I know my sister has none. No house, they each have one vehicle and have agreed to pay for that vehicle.
They've been married for 6 years but have a HS age child? So they've been together much longer than married? In my state, she would be eligible for part of his retirement. They haven't been married long enough for her to be eligible for his SSI so I would definitely check into the retirement savings since they have been together for a long time but not married.
Post by prettyinpearls on Mar 20, 2013 18:00:41 GMT -5
At the very least, your sister needs to sit down and have a consultation with a lawyer. There's a lot more to divorce than most people think and it'll be in her best interest if she met with one. She's the one who has the most to lose in this situation as far as not getting the financial support she needs and deserves.
They've been married for 6 years but have a HS age child? So they've been together much longer than married? In my state, she would be eligible for part of his retirement. They haven't been married long enough for her to be eligible for his SSI so I would definitely check into the retirement savings since they have been together for a long time but not married.
He adopted her child from another relationship. So its legally his child, but they have only been together for six years or so.
She needs to think long term here. He has all the retirement savings while she was out of the workforce. Starting from scratch is going to be very difficult.
Who is paying for college? Who has the say if they can't agree on something related to their kid? How will assets and liabilities be split? How will they file their taxes?
Hire a lawyer. As of right now, it sounds like she's gonna get screwed.
Post by lyssbobiss, Command, B613 on Mar 20, 2013 21:40:20 GMT -5
Hmm...child support can very depending on what state she is in. There are calculators available online. I would recommend that she plug her info into one of those to see if the amount is close. I don't receive much in CS, because according to the state I'm in, it depends on how much time the kid is with each parent, and the income discrepancy and things like that. So because my ex carries our son on his insurance and we had equal timeshare and joint custody, I don't get much (less than $400/month).
She may want to at least pay for a legal consult. Or if money will be an issue, she could see if there is legal aid available in her area. Around here, they are staffed with law students who, for a lower rate, can help answer some of these questions.
She also needs to find out about retirement accounts. Legally she should be entitled to half of his (he is entitled to half of hers as well but it sounds like she may not have one, or have one that is funded well).
"This prick is asking for someone here to bring him to task Somebody give me some dirt on this vacuous mass so we can at last unmask him I'll pull the trigger on it, someone load the gun and cock it While we were all watching, he got Washington in his pocket."
Hmm...child support can very depending on what state she is in. There are calculators available online. I would recommend that she plug her info into one of those to see if the amount is close. I don't receive much in CS, because according to the state I'm in, it depends on how much time the kid is with each parent, and the income discrepancy and things like that. So because my ex carries our son on his insurance and we had equal timeshare and joint custody, I don't get much (less than $400/month).
She may want to at least pay for a legal consult. Or if money will be an issue, she could see if there is legal aid available in her area. Around here, they are staffed with law students who, for a lower rate, can help answer some of these questions.
She also needs to find out about retirement accounts. Legally she should be entitled to half of his (he is entitled to half of hers as well but it sounds like she may not have one, or have one that is funded well).
Probably not half of the total but half of what he contributed while they were married
"This prick is asking for someone here to bring him to task Somebody give me some dirt on this vacuous mass so we can at last unmask him I'll pull the trigger on it, someone load the gun and cock it While we were all watching, he got Washington in his pocket."