please help...spousal support

[josnowitz]

I am currently seeking a divorce after 16 years of marriage in Georgia. I am a teacher and am making approximately 44K a year and my soon to be ex is making 12K a year at a meager job. I've been after her for years to get a better job and contribute to the family pot in a more significant manner however she refuses to do anything other than the bare minimum. I've told her that I will agree to give her $930 a month for child support of our two children however she feels that she is entitled to spousal maintainance. I have other issues but please respond to this one first. Thanks in advance.

 

[sofla]

I am not a lawyer, however, I suggest you consider going to a mediator to try to work it out. After the Child Support, and at your income level, your remaining income to live on is fairly limited and alimony is usually much more based on ability to pay (varies by state laws) than Child Support which follows the state guidelines. So, its likely I think you may not be obligated to pay much, or if you can legally mediate an agreement some deal might be worked out where the child support could be legally decreased by private agreement and some alimony inserted - the deal with alimony is that it is tax deductible BUT you must meet some specific IRS rules for that to apply so you should get competent legal advice or at least go a mediator who is also an attorney. But if you could do this, it might be possible for her to realize more money with you paying about the same as her income bracket for taxes is much lower than yours. Again get LEGAL ADVICE and EXPERT TAX ADVICE on this and the IRS has strict rules.

GOOD LUCK:

JOE