Identifying and Achieving Your Goals in a Divorce

By Erica Christian

The circumstances giving rise to a divorce may be emotionally consuming making it difficult for you to think about what life will be like once the divorce is granted. It’s also easy to be overwhelmed with all of the terminology and procedures that come along with filing for a divorce.

As you begin this process, you must thoughtfully consider what your goals are in regards to the issues that will be addressed in your case. Identifying goals, both in the short and long term, is essential to developing the best strategy to obtain the results you want in a divorce.

Below is a guide that will help get you started on defining your goals and identifying how these goals can be achieved. Read more

What Should I Expect To Pay In Alimony?

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Question Submitted:

My wife has filed for divorce and is asking for $4000 a month in alimony. She filed without the use of a lawyer. The amount she is asking for is half of what I make in a month. I am a self employed contractor.

She has five kids from two previous marriages and we have had none together. We have been married for almost five years and pretty much supported them all by my paychecks. She has three businesses that she has started since we moved to California in 2005. She is a realtor, owns a small cosmetics company, and recently started a catering company. What should I be expecting to pay in alimony?

Answer:

Maintenance, or alimony, laws vary a great deal from jurisdiction to jurisdiction. So until you consult with a local attorney, it’s hard to say with any accuracy what you may be expected to pay.

If during your marriage you have generally made more money than she has, you will likely have a maintenance obligation. The duration of maintenance is not likely to be very long given that your marriage was under five years.

You’ve alluded to a couple of arguments that will be helpful in minimizing any maintenance obligation the court might order. Specifically, she’s a business woman. She is educated, well trained and experienced.

One purpose of maintenance is to help the lesser earning spouse rehabilitate his/her self to become a more marketable employee. Your wife doesn’t need to do that. She’s already a realtor, cosmetic company owner and she owns a catering company.

Further, any expenses that you covered during the marriage for her children were gifts, but you should not be obligated to continue to provide that support. The children’s fathers are obligated to do so through child support.

Claudia J. Weaver is an Associate Attorney with Cordell & Cordell, P.C., in Overland Park, Kansas. Ms. Weaver practices exclusively in the area of domestic relations.

Courtesy of DadsDivorce.com

Does A New Live-In Boyfriend Change My Alimony Payments?

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Question Submitted:

What is the rule for alimony when your ex-spouse’s boyfriend moves in? I’ve talked to a lot of guys about this and there seems to be confusion about the addition of a new live-in boyfriend. Does his income ever make any difference in the amount of maintenance and child support that I’m paying? Does the time that he has lived in the house make a difference? Do I still get right of first refusal when my wife wants to leave the kids with him?

Answer:

The child support and the right of first refusal should not be automatically affected by the status of the boyfriend, absent specific terms in your divorce addressing such circumstances.

While normally not applicable to most situations, if the boyfriend is contributing to the support of your ex, that may constitute a substantial change in her ability to provide more of the support for the children to permit you to seek a reduction in your obligation. Such a reduction would be unusual.

The right of first refusal is intended to assure that the parents, not step-parents or other caregivers, are given primary responsibility for caring for the children, such that childcare by the boyfriend is not a substitute for your involvement with your children and the right of first refusal should still apply.

Spousal support (alimony), however, is usually affected by cohabitation with someone who is helping to support the ex.

The theory is that if someone else has taken on the responsibility for supporting your ex, you should no longer have to support her. The impact of the boyfriend upon the spousal support will depend upon the terms of your divorce as to the type of spousal support and the reasons for the spousal support. The specifics as to when the cohabitation affects spousal support, and when you have to file with the court to end your support, vary by State.

You should seek an immediate review, before the boyfriend moves out, by qualified legal counsel, such as Cordell & Cordell, as to the impact of the boyfriend’s cohabitation on your divorce terms and the time frame to file court proceedings.

Richard Coffee is a Litigation Manager in the Belleville Illinois office of Cordell & Cordell. He is an experienced divorce attorney whose practice is devoted to domestic litigation. He is licensed in the State of Illinois and is admitted to practice law in the U.S. District Courts for Northern, Central and Southern Illinois.

Courtesy of Dadsdivorce.com

Will a Court Favor the Ex-Wife When Unemployed?

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Question Submitted:

My wife quit her job the day after I asked her for a separation. We are going to court soon and I am worried that the court rule in favor of her due to her unemployment in this current economic situation. We always agreed we would both work and support our children, now she wants to be a stay at home mom. Does the court recognize this situation when it comes to alimony and child support? Will I now be the sole person who is financially responsible?

Answer:

Consult your state’s laws or guidelines concerning child support calculation. Many times it is possible to impute income to a parent if they are unemployed, especially if she left her job for no good reason. Imputing income to a parent does not force that parent to get a job at that level. It merely sets the amount of child support as if the parent were earning that income. The parent can then decide whether he or she needs additional income.

Also, find out if your state has alimony or if they call it maintenance. The “current economic situation” is not relevant to your situation. Her attempts to find employment are far more relevant.

Erik H. Carter is a Senior Attorney of the Cordell & Cordell, P.C. office in Indianapolis, Indiana as well as the Litigation Manager of both the Indianapolis and Pittsburgh offices. Mr. Carter has practiced since 1993 as an attorney. He is licensed in Illinois, Indiana, Pennsylvania as well as the Northern District of Indiana and the Southern District of Indiana. Courtesy of DadsDivorce.com