can't settle due to alimony

[ICUB4ER]

What is the name of your state? Kansas

My stbx and I have settled on everything EXCEPT alimony...he doesn't want to pay any.
We were married 15 years as of February 9th, I have been a stay at home mom the entire marriage. I did do some volunteer work as an EMT for 2 years though, if that matters. We have six children, four from my previous marriage, and two together.
Stbx makes $100,000 a year, I am STILL trying to find a job.
He and his attorney have stated that since I am a certified EMT(though my certification expired in December and I had no way to pay to renew it) that I am able to earn "in excess of $40,000 a year".
Alimony is the ONLY thing that we are fighting about now.
How likely is it that he will not have to pay?

 

[seniorjudge]

What is the name of your state? Kansas

My stbx and I have settled on everything EXCEPT alimony...he doesn't want to pay any.
We were married 15 years as of February 9th, I have been a stay at home mom the entire marriage. I did do some volunteer work as an EMT for 2 years though, if that matters. We have six children, four from my previous marriage, and two together.
Stbx makes $100,000 a year, I am STILL trying to find a job.
He and his attorney have stated that since I am a certified EMT(though my certification expired in December and I had no way to pay to renew it) that I am able to earn "in excess of $40,000 a year".
Alimony is the ONLY thing that we are fighting about now.
How likely is it that he will not have to pay?

Q: How likely is it that he will not have to pay?

A: About 50-50, more or less.

 

[fireboat1]

Its likely he will have to pay you something. Like enough money to get your certification renewed.Why do you think you should be home eating bon-bons when your not VOLUNTEERING(something you could do for dah,a J.O.B.)More sooner than later,YOU will be WORKING.

 

[VeronicaGia]

The 4 kids from the previous marriage are not his and he is not responsible for them. You need to realize that even if you get alimony, it will be rehabilitative and you will need to get a job.

 

[plp]

Easy answer?

Could you not just let the court decide what is fair?

 

[BelizeBreeze]

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:

age of the parties;
the parties' present and prospective earning capacties;
the length of the marriage;
the property owned by the parties;
the parties' needs;
the time, source and manner of acquisition of property;
the family ties and obligations; and
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.

The problem you are going to have and a strong argument for your soon to be ex is the fact that he has supported you AND Your children for 15 years and during that time assisted you in gaining your certification which you ALLOWED to expire through no fault of his.

From the facts you presented here I see a slim chance of you obtaining alimony and if you do, it will most likely be very little for a short period.

 

[ICUB4ER]

In regards to my "allowing" my EMT certification to expire....I haven't done any EMT work for the past 6 years due to back problems. I was diagnosed with degenerative disc disease, rheumatoid arthritis of the spine, chronic migraines, and fibromyalgia during the marriage. Two different Dr's told us last year that I would never be able to work full time hours, much less return to EMS work, therefore there was no point in even trying to find a way to pay to renew a now useless certification. Both Dr's have also written letters to my attorney with my diagnosis and stated that I would never be physically able to be employed full time due to chronic pain. I have been trying to find any type of work that I could do effectively and with as little pain as possible, but that has been a fruitless search so far. I would LOVE to go back to work and have my own career. But according to my Dr's that will never happen.

 

[fireboat1]

Maybe you should apply for disability benefits,they would be more permanent than any support you are looking for.Have you looked into having an independent medical exam.to find out what ,if any disability rating you may have.Perhaps a vocational expert could be questioned as to what work you can do.its likely your stbx atty.will look into having an IME or vocational expert testify.It is likely he will have to give you something,but surely it wont be enough or for any period that you will have an income to rely on.Im sure they can find a job whithin the medical feild you can do.