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Certified Family Law Specialist

Seal Beach, CA

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#226376 - 10/08/09 05:31 PM Alimony question
movingonnow Offline
Member

Registered: 10/08/09
Posts: 9
I was married for just over 7 years, we have no kids, I make about 130K a year, my wife makes about 60K a year and has worked the entire marriage. She wants what dissomaster spits out for alimony based on our incomes for half the marriage. I feel that this is too much and there is a good chance I may not have to pay much....what do you think?

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#226379 - 10/08/09 07:04 PM Re: Alimony question [Re: movingonnow]
astrolink Offline
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Registered: 06/03/03
Posts: 5742
She's probably right on. Most courts tend to award what the dissomaster spits out for 1/2 the length of the marriage. However, you should check with a local attorney. They could tell you the prevailing attitude in your jurisdiction.

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#226419 - 10/09/09 05:21 PM Re: Alimony question [Re: astrolink]
movingonnow Offline
Member

Registered: 10/08/09
Posts: 9
Thanks for the reply..but isn't the goal for both parties to be independent? Or do the courts just take the computer output so they sont have to think about it!!

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#226421 - 10/09/09 06:53 PM Re: Alimony question [Re: movingonnow]
astrolink Offline
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Registered: 06/03/03
Posts: 5742
Originally Posted By: movingonnow
Thanks for the reply..but isn't the goal for both parties to be independent? Or do the courts just take the computer output so they sont have to think about it!!


The state's only concern is to not have to pay any benefits. They couldn't care less about independence. They also don't care if support payments force the payer to live in a cardboard box.....I see it all the time.

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#226472 - 10/11/09 08:57 AM Re: Alimony question [Re: movingonnow]
Tali_Llama Offline
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Registered: 06/17/03
Posts: 6740
Loc: S. California
I think that:

1. You should get an attorney if she continues to press the alimony issue.

2. You should ask for alimony to be waived, because your spouse is not disabled, does not need to go back to college and be retrained and is completely capable of living on her own.

3. You might be prepared to pay alimony for half the length of your marriage if the judge and the other side doesn't see it your way.
_________________________
Disclaimer:Not actual legal advice!

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#226542 - 10/12/09 04:55 PM Re: Alimony question [Re: Tali_Llama]
movingonnow Offline
Member

Registered: 10/08/09
Posts: 9
I also have agreed take responsibility for most our comunnity debt to lessen my spouses burden and support herself. I guess my question really is do I have to get an attorney to protect myself from her demands? Maybe I am too much of an idealist and believe that if we go before a judge, the judge will make a fair decision...thats all I really want but its sounding like I have to fight and protect myself just to get that.

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#226568 - 10/12/09 10:02 PM Re: Alimony question [Re: movingonnow]
Tali_Llama Offline
Superstar
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Registered: 06/17/03
Posts: 6740
Loc: S. California
Make certain that if she doesn't agree to the waiver of alimony issue - that you have the ability to revert back to complete equality in the distribution of marital assets.
_________________________
Disclaimer:Not actual legal advice!

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#226687 - 10/14/09 03:11 PM Re: Alimony question [Re: Tali_Llama]
movingonnow Offline
Member

Registered: 10/08/09
Posts: 9
Thanks for the adivce...it definitely helps. One last thing...if we can't agree on support and we go before a judge it seems as if its just a crap shoot. One judge may say no alimony...another might award the max. Is there a way to find out what judge will hear my case and the judges track record on support?

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#226746 - 10/16/09 07:01 PM Re: Alimony question [Re: movingonnow]
Tali_Llama Offline
Superstar
***

Registered: 06/17/03
Posts: 6740
Loc: S. California
That depends on your court system in your area. In my county's family law courthouse, each section of courtrooms fits half of one floor. For us, it works like this:

All the attornies and clients start at the main courtroom, where the judge's clerk calls calendar. They see who is present and ready for trial, and deal with those who need an extension. The "head" judge then divides the cases up among 6 courtrooms, including his own. So, in my county, you wouldn't know which judge until the actual morning of the trial. It helps prevent judge shopping.

Your courts might be similar, or completely different. If you have some free time on a weekday, you could always go down and sit in on some cases, you could see what things are like for yourself..
_________________________
Disclaimer:Not actual legal advice!

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