Spousal support ???'s

[grandpabri]

I am in California.

Getting towards the end of this process, finally. Stbx wants spousal support. What are her chances given the information below.

Married 9 years.

Household income at time of separation ~$40K, plus ~$10 in student loans (mine) used for household expenses.

She has the ability to make ~$30K, but is working part-time minimum wage.

She has been living with boyfriend since date of separation.

For the last 7 years, I had been a student. Completed Master's Degree. She worked full time about 1/2 the time I was a student.

Also, what are the chances of student loans being considered community property? Like she would have to pay 1/2?

Any help or insight would be appreciated.

 

[I AM ALWAYS LIABLE]

I am in California.

Getting towards the end of this process, finally. Stbx wants spousal support. What are her chances given the information below.

Married 9 years.

Household income at time of separation ~$40K, plus ~$10 in student loans (mine) used for household expenses.

MY RESPONSE:
If you didn't use the 10K for school, and the loan is in your name, it's your responsibility, and yours alone.


She has the ability to make ~$30K, but is working part-time minimum wage.

MY RESPONSE:

Assuming a child as the reason for her part-time work, then this would have no impact. However, if no children, then the court will "impute" her with a higher income ability.


She has been living with boyfriend since date of separation.

MY RESPONSE:

So what?


For the last 7 years, I had been a student. Completed Master's Degree. She worked full time about 1/2 the time I was a student. Also, what are the chances of student loans being considered community property? Like she would have to pay 1/2?

MY RESPONSE:

She would only gain advantage from this IF you graduated and have increased her living conditions as a result; e.g., if there been enough time from graduation to the present time that caused the "community assets" to become enriched, then she would not only be responsible for her share of the student loan, but would also be entitled to a much larger share of alimony.

Whatever the Alimony amount, depending upon the above analysis, payments would last for about half the length of your marriage. Or, you and she could agree on a lump sum.

Any help or insight would be appreciated.

MY RESPONSE:

You got it, and you're welcome. However, for a much more accurate analysis - - because you left out a whole bunch of information - - it would be beneficial for you to, at least, get a consultation with a local attorney so that the "numbers can be crunched."

 

[grandpabri]

The divorce is in Los Angeles. Are you available for consultation?

 

[I AM ALWAYS LIABLE]

The divorce is in Los Angeles. Are you available for consultation?

My response:

Thank you for asking, but I must respectfully decline. There are ethical considerations I must follow, and answering questions on this board, I believe, causes "undo influence" on prospective clients to want to make direct contact with me; e.g., it's like shooting fish in a barrel when it comes to these boards. People writing to these boards are constantly asking me for an in-person consultation.

But, there is one more consideration. My offices have hundreds of clients, and due to your and my anonymity on these boards, there's no way for me to tell if I'm already representing your wife - - it's possible. And, seeing you, or any client from these boards, could cause a potential conflict of interest - - slight as it may be. At least with an initial telephone call, and obtaining your name, I would be able to check my database to make a "conflict" determination. On these boards, I can't do that.

So, if you are in need of an attorney, and you just happen to call my offices as a result of a referral from the State Bar, or as a result of letting your fingers do the walking in the Yellow Pages, then I, of course, would be happy to consult with you in my offices.

Therefore, I will not take direct referrals from these boards. I hope you understand my position.

Thanks again, and good luck to you.

IAAL

 

[grandpabri]

Hey, no problem.

We both used to have lawyers. Hers fired her because she refused to pay him. I let mine go because I couldn't pay him. So now we are both pro per.

Luckily, my sister works for the FLF in my county, which is not LA. So I can get help with documents and stuff. But they are very busy when it comes to stuff like this.

Thanks for the info. Take care.