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Q: Spousal support ( No Answer,   2 Comments )
Question  
Subject: Spousal support
Category: Relationships and Society > Law
Asked by: cafetres-ga
List Price: $20.00
Posted: 14 Jan 2005 11:42 PST
Expires: 13 Feb 2005 11:42 PST
Question ID: 457256
I'm currently going through a divorce. My wife's attorney has asked
for temporary spousal support for $2500 while the case is pending. At
the same time, she is also living in the same house with me (we're
sleeping in different rooms and seldom talk to each other). I'm paying
all the mortgage, household bills, everything except her grocery and
clothes. My attorney has negotiated for this $2500 per month temporary
spousal support down from the original request for $4000 per month. He
told me that we should not go to court as the court will likely award
her the full $4000 base on dissomaster calculation.

My question is, is that true even if my wife does not need to pay rent
or any household utility bills?
Answer  
There is no answer at this time.

Comments  
Subject: Re: Spousal support
From: steph53-ga on 14 Jan 2005 12:31 PST
 
Cafetres....

I'm not a Researcher or a lawyer, but when I read your question I felt
I needed to respond to you.

First of all, I know all about living in the same house with an
estranged spouse. Its a horrid situation ( well it was for me anyway
). We didn't speak a word to each other in over 8 months and had
separate bedrooms too. I finally moved out when I couldn't stand to
come home anymore.
Are you both still residing together until the house sells? Does
she/do you not want to move ?

Personally, I think that if you give her the spousal support, that she
should be paying living expenses. Why else would she need support? I
take it that she did not work during your marriage. As far as I know,
spousal support is usually only set for a specific period of time eg:
until your wife gets sufficient training or education to be able to
get employment. Or, if she is ill, until such a time that her health
has improved enough to be able to work.

Anyway, I just wanted to respond to you. Good luck and I sincerely
hope that a Researcher can answer your questions.

Steph53
Subject: Re: Spousal support
From: elra-ga on 14 Jan 2005 13:01 PST
 
Hello, I am not an attorney, but I would suggest that you look at
contacting some of the organizations that support men going through a
divorce.  I am familiar with the "Children's Rights Council" which can
recommend "male-friendly" attorneys in your state.  You do not tell us
what State you are in, so I cannot make a specific reference to a CRC
chapter.  You do not have to have children to make contact with this
organization.  There is also a WEB site devoted to divorce that has
many different sources of information unique to different groups, such
as Federal employees, who may be going through a divorce/separation.
www.findlaw.com can be a useful source of information.  I am aware
that in my state, there is pretty much a one-year defacto limit on
spousal support, which should start when you first start to pay. 
Also, the amount is based on the spouse's ability to support
him/herself.  But every state is different!  Hope this helps - and
hope you get to live on your own soon.

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