calculating spousal support

lemmingsrevenge · 2022-07-17T23:04:32+00:00

Fuck spousal support. If you ex is making 55k a year they can be self sufficient and doesn't require it.

I would argue a higher CS, but no spousal. That way when the children are grown your ties to each other are cut.

If you were married less than 10 years i'd argue for no Spousal

AStirlingMacDonald · 2022-07-17T23:53:02+00:00

The idea that after your child no longer depends on her, her own financial needs will increase by eight hundred dollars is beyond the pale.

I’d fight for the CS and SS amounts to be switched, with no rollover after CS ends.

derelictherds · 2022-07-18T02:16:08+00:00

Not no, but hell no. I'm guessing you do not have a lawyer?

Busy-Recording-1911 · 2022-07-18T03:20:54+00:00

That’s ridiculous. What happens if you lose your job? For real.

What does your debt situation look like? Perhaps negotiating a different debt structure.

I’m so glad I divorced in texas. She only gets half my military pension and the only way she’d even get spousal support would be if she made less than the average local wage.

Put it infront of a judge. Your lawyer should be able to tell you if you might get a better deal.

I hope there’s an end date on that.

dday_throwaway3 · 2022-07-18T01:07:25+00:00

> She also said after child support ends in 2 years, the $824 would roll into spousal support keeping my payment the same.

Stop. She isn't some fucking genius with family law. Never take legal advice from your STBX. It's why it's the #1 rule in the sidebar.

She doesn't get more SS when CS ends.

Late-Kangaroo6081 · 2022-07-18T02:22:11+00:00

Get a lawyer to advise you as you negotiate the mediation. The state has well established formulas for ss and cs given your respective incomes and the length of the marriage. You MUST have a legal advisor in this process.

gtivr4 · 2022-07-18T02:11:06+00:00

That’s the first I’ve heard that the incomes need to be equal (not that I am remotely an expert). I get the point of alimony so that one spouse doesn’t get completely screwed. But it can’t come at the literal and figurative expense of the other.

What does YOUR lawyer suggest?

Edit: Also does the alimony end ever? And what happens if you get a raise? Or lose your job?

Throwaway4120213 · 2022-07-18T04:41:45+00:00

Nope - put another way - you won’t do worst than income equalization after child support if you go through lawyers so why would you agree to the worst possible outcome for you?

“Income equalization” is rarely the legal statute that alimony is based off of. But it’s an easy way for lawyers and mediators to get you to agree because it “sounds” justifiable. Remember - mediators are not working for your best interest. Their job is to get you both to agree by selling you on the path of least resistance.

Go see a lawyer.

eyesayhello · 2022-07-18T02:27:31+00:00

Your state might not have one. But, there's a federal calculator which you should try. All states are based on the federal guidelines of mom support.

Also, why is she entitled to "equalization of income?" Is she providing "equalization of marital duties?"

If you don't have an attorney get one now. Maybe drive the point home and offer alimony as long as she shows up to your place once a week to fuck and clean your house. It'll never pass the court muster. But, it'll sure make her think.

BettyBeltway · 2022-07-18T12:08:18+00:00

As a recently divorced woman, you’re being screwed, sir. Those are big figures. Lawyer up.

jimsmythee · 2022-07-18T18:51:38+00:00

Get a lawyer ASAP!

And no, that's not a thing. $824 CS ends when kid turns 18, so then it just moves from $824 CS and just adds $824 into the alimony? Not just no, but hell no!

Get a lawyer and fight that alimony as much as you can.

chicken_po_boy · 2022-07-18T04:26:42+00:00

Spousal support is not a guarantee in Wisconsin. It depends on several factors: length of the marriage, income differential, whether one spouse made sacrifices to benefit the other spouses career, etc. You can look up the list of considerations in Wisconsin divorce law.

My divorce was final in 2020, also in Wisconsin. 16 years married, 2 kids. At the time, my income was $66k higher than hers. The CS payment was calculated at $820/month. We did a pro se divorce and did not use a mediator.

I really really really did not want to pay SS on top of CS and this was the stickiest issue we had to work through in our divorce. In the end, I agreed to some concessions in lieu of paying SS: 1) I agreed to pay 100% of the kids’ healthcare premiums instead of 50/50, and 2) I agreed to pay the kids’ 529 college contributions in full (and she is not required to contribute anything). This ended up as a good solution for everyone. It was good for me because while paying SS would have been a constant thorn in my side, paying these expenses for my kids is not. And it was good for her because it was not a guarantee she would be awarded SS by the court at all. At least this way she knew our kids’ insurance and college expenses would be taken care of and she would not be burdened to pay or save for them. We took our plan to two different financial planners (of her choosing) and both said it was a solid plan.

If you are doing a pro se divorce you have a lot of latitude to work out any agreement that works for you both. Marital assets are generally split 50/50 but they don’t have to be. For example if you both agreed she could take more of the assets, the house, or whatever… so that you both agree no SS is needed, that would probably be fine. As long as you both agree (and no one is coerced), WI courts will almost always accept your plan.

pegleg_legal · 2022-07-18T05:13:44+00:00

Although there may not be a calculator, there are probably guidelines somewhere. At your levels of income, you can afford some legal advice and you may be giving away too much on a straight income equalization approach.

CommanderOfCheese45 · 2022-07-18T16:26:17+00:00

Eww, Wisconsin's law is disgusting if that's what is normal. SS should be no more than whatever it takes to cover the shortfall of a "reasonable" budget (i.e. what's the typical mortgage on an appropriately sized home, groceries, etc.) with her income extrapolated to her full "earning potential" (i.e. market rates for her expected job, level of experience, etc.)

It sounds like your starting point should be offering her the mandated child support, but $0 in spousal support.

Jbr74 · 2022-07-20T19:58:19+00:00

You need to get a lawyer yesterday, I've seen some crazy shit in my years in this subreddit (Been here for 3 years) and this is some ludicrous shit. GET A LAWYER, TODAY!

maxi-O_o · 2022-07-29T16:27:48+00:00

Im sorry~ but even as a woman I feel spousal support is so unnecessary. Spousal support, when it was first conceived made sense, because women were payed way less and it was much harder for them to get a job. BUT over the years as women started getting treated more fairly spousal support started to make less and less sense to the point where a woman can be RICHER than the husband from the spousal support which is fucking ridiculous. Spousal support should no longer exist. Regardless of gender. If your a grown ass adult you can get your fat plonker ass up and go to work. I don't understand american spousal support~

Title	calculating spousal support
Author	chughead55
Upvotes	7
Comments	29
Date	July 17, 2022 10:55 PM UTC (4 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/w1jvbz/calculating_spousal_support/
Archive Link	https://theredarchive.com/r/Divorce_Men/calculating-spousal-support.1124054 https://theredarchive.com/post/1124054

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