Unlike child support, spousal support is often very difficult (if not impossible) to modify after the divorce is final, so getting it right the first time is a must!
Separated last Oct - married 6 years. 1 child and I'm paying ~$1000/mo in CS - custody is now split 40/60. She makes $25-28/hr, but works inconsistenly (temp jobs; quits frequently). Her annual salary was approx $30k last year, $50 in 06 and around $35 in 05. I made $93 last year, $85 in 06 and $80 in 05 - 10 years on same job. We both moved back in with family after the separation. She hasn't requested SS yet, but am fearing that she or her atty will as we progress. Any thoughts on whether she would get SS or not if this goes to court? If yes, will her hourly salary be factored in, i.e. if she works full-time year round she can make $50+, or will it be based on average of 2-3 years tax returns? According to Dissomaster SS could be ~$200 if she makes $50k/year or ~$900 if she makes $30k/yr. If I'm on the hook for an additional $900 more per month think I'll likely end up in a cardboard box - struggling as it is to pay CC bills, atty bills, etc. Thanks.
A marriage that short? Not highly likely that she'll be successful in getting alimony even if she asks for it. Not to mention her earning potential is reasonable.
Howeve,r if her spotty job history can be accounted for by leaves of absence & time off over parenting issues, then you'll want to show that you've stepped up to the plate to do your share of time off work to take the kids to the doctors, deal with daycare, make certain they're cared for when they're sick & unable to go to daycare or school...
$1000 a month is a lot in child support for a man whose got the kids 40% of the time after a marriage that short unless you've got a whole bunch of kids or high daycare bills. I mean, ... look, here's what I was thinking...
6 years, not a whole lot of time to HAVE a job history if she spent the time popping out babies... so if they've got 2 or 3 (or more) in 6 years, it's not so unusual that she'd have earned less than her full capacity. And not so unusual that the daycare requirements would be so expensive that a man with 40% time with the kids would be paying so much in child support.
Under those conditions, recognize that you will want to show that you have spent a SIGNIFICANT amount of time trying to make it EASIER for her to work at her full capacity... so that YOU go take the kids to the doctor or take time off work when the daycare calls over an emergency... so that YOu are the one who deals with the sitters & such.
To position yourself to prove that she SHOULD ahve the capacity to work full time, you have to show that nothing that happened during the marriage (like the birth of children) will hold her back.... or at least that it won't hold her back any more than it will hold you back.
Lots of guys, when they realize the commitment required for being the primary parent and the fact that it might mess with thier job once the boss figures out that he's taking tons of sick time for the kids... well... the guys often CHOOSE to not be as fully involved in the kids' daily needs and CHOOSE to be a weekend parent... and if that's your choice, just recognize that there's a price, a fincnaicl price, for the privelege of having someone else take over the majority of the burden of making certian those small children are properly raised and supervised 24-7 till they're old enough to start spending a few hours on thier own.
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