phyzguy
Platinum
Reged: 05/15/08
Posts: 466
Loc: Cali
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My STBX QUIT her job, and told me (and announced to her school students) she wanted a D. I was stunned. She and I made about the same amount of money. She, ever so slightly more than I. She wants to go back to school, so she won't have a ton of money anyway.
She threated to ask for spousal support, because she is going to no longer be receiving paychecks from our place of employment at the end of August.
Can she even do that? She QUIT her job!! She and I have the same level of education (College + more) and she is perfectly capable to work.
We live in Calif.
I'm going to see an attorney on Monday and get the paperwork started. Totally stressing though and worried about my future.
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Tibi ipsi esto fidelis
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What will I lose
Platinum
Reged: 05/21/07
Posts: 760
Loc: PA
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i'm pretty sure her just quitting doesnt mean you have to pay support. If she is 'fully functional' and there is no real reason for her not to work, any judge will see through her ploy. Also i personally know of one instance where the hubby said he couldnt work etc but the court still imputed him at a minimum wage job and he has to pay 400 month CS.
So it sounds like your spouses trickery wouldnt work. And quitting a good paying teaching job and announcing things really is...well...questionable behavior
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call me WWIL...PA resident 39 year old , married 11 years, together 12...splitting in 13th year.
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Jada
Platinum
Reged: 06/02/07
Posts: 3463
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I don't think she will get spousal support. She quit her job. It isn't the same as being a homemaker for years and then ending up getting divorced.
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taryn
Platinum
Reged: 05/31/07
Posts: 2460
Loc: standing on the mountaintop! :...
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[quote]My STBX QUIT her job[/quote]
stupid STUPID woman!
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taryn.
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saamrodi
Platinum
Reged: 06/14/07
Posts: 2902
Loc: here
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I've heard in some situations though where the one filing does quit their job before hand and wound up with assistance and more support because of the lowered income.
I dont know what you can do about it. She does have a degree and it should be seen as reason to hold her own.
Look into it.
Good luck
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EZmark
Platinum
Reged: 06/04/07
Posts: 292
Loc: Florida
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turnip.
She just wants to better herself and you and her employer have been holding her back. Now she does have reduced income and needs support, a place to live and school expenses. Shcool will take years so we're talking tens of thousands. In the meantime she has the family credit to plunder and will negotiate from this position hoping it will not go before a judge quickly.
IMHO you should file and quickly. Get a motion before the judge so the court gets a picture of what's happenning and that you are not agreeing to it so it won't be status quo. You'll be first to talk to the judge in these few minute hearings.
You need aggressive attorney, make sure you are satisfied with his/her answers on Mon. Get bank/paycheck records to show her income for past several yrs, now nothing. Get copies of her degree etc. Number everything, make a master list, submit as evidence or pay your attorney to). Motion for her t be compelled to have physical exam to prove nothing preventing her from working. Subpeona HR person to testify she quit, very powerful in court and your lawyer telling the judge "she just quit", that alone will do it. Motion for SS from her and include in motion she be imputed to former income + rases. Have your highest monthly bills also compiled and ready to sho hat you need from her and waht you are defacto proving her with aleready. Remove yourself from all credit cards, close the bank accounts and open individual one, put all money in there until ordered otherwise. Motion fis or temporary relief, support, and exclusive posession of the property and for injunction against her running up credit bills since she has no income suddenly that's waht she'll do. Make sure your attorney has an offensive plan for you, defense against a woman in family court is rarely successful.
Or you can quit your job too, no worse than working as a slave for her. Can't squeeze blood from a
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ILMom
Gold
Reged: 12/03/07
Posts: 145
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I agree with EZ. Get documented proof of her income (past three years paystubs, W2's, etc.) Make sure you establish your own credit cards, checking, savings accounts in your name only. Remove half of any funds from any joint accounts into your sole accounts.
If you have enough proof, they will impute her income to what she made prior to her quitting. She was a real fool to do that.
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SDMommy
New
Reged: 06/03/08
Posts: 2
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Help...I am thinking of leaving my husband but after supporting him for almost 10years I want to make sure I get half of his trust fund that he will receive when he turns 36 (in 4 years)....if I file for divorce before he gets his trust fund will I still be entitled to half? I live in California
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saamrodi
Platinum
Reged: 06/14/07
Posts: 2902
Loc: here
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??
Unless there is some different rule out there, I believe trust funds and stuff like that are his alone. Thats your ex's/ex's family's money, period.
I dont know what the situation was like, but regardless, I wouldnt think it was right to even try and go after it. That is money that has nothing to do with you.
Get the support you may need based on marriage/kids....but why try to go after that?
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gigi
Platinum
Reged: 11/06/06
Posts: 5141
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You're never entitled to half his trust fund. Even if you were still married to him. All you get is the opportunity to follow along with the things he buys & fun he has when he's buying things & having fun after the money from the fund comes to him. And when you leave, the stuff he bought with the trust fund stays with him... and any money left from the trust fund stays with him too. It's his trust fund, started (probably) to make certain he didn't give it all away to someone else... like a friend, girlfriend, or wife.
What made you think you'd ever get it?
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