BlindMonk
New
Reged: 06/27/08
Posts: 2
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My wife wants to divorce me after 12 years, 2 children, and is threatening to make domestic violence allegations against me.
I would love to know how much of my $125k salary she stands to get in California.
We are separated right now, and I am trying to avoid divorce, but she is telling me that she wants it and will get it by the end of the year. She doesn't work. She has never held a job though she always promised to.
Am I as screwed as I think I am?
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allthumbs
Platinum
Reged: 07/12/07
Posts: 455
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In essence, yes. Here's why. Married for 12 yrs. constitutes a marriage of long duration in CA., so she will get spousal support. She also did not work during the marriage so there isn't a way the court can impute income to her. She will more than likely request a typical 50/50 custody but she will have primary residency and that will make her the custodial parent for 80 % of the time. You will also pay child support for both your children to their mother. The mother will also get half of all property acquired during the marriage, except for gifts and inheritances. So, based on the 2008 Dissomaster computer program model, it appears you will pay $2,583.00 per month in child support and another $1,430.00 in spousal support for about $4013.00 per month. Your gross income shows about 10.5K monthly. The spousal support is deductable on your taxes, the child support is not. So figure 50K a year while the children are minors (under 18) After awhile, a few years, you could insist she go to work but that would require an assessment done to see if she has any marketable skills. The DV issues are either real or not. If real, and she has proof, she could get a restraining order and prevent you from seeing your children unless supervised. If false, then to accuse someone falsely in family court of DV is a serious crime and she could have sanctions filed against. So unless she has solid evidence of DV, she'd be better off not claiming it. According to the Dissomaster, you get about 10.5 K in gross income, with about 4 K going to her and another $ 3100 in taxes leaving you with about $ 3,400.00 in after tax income. This is based on a SIMPLE input of the Dissomaster. You can download a free trial copy here.: http://www.cflr.com/
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BlindMonk
New
Reged: 06/27/08
Posts: 2
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Thanks for your response. Very helpful stuff. Depressing, but helpful. I've also learned that she's been unfaithful for about three years. I don't think that her domestic violence allegations would hold water. We fought, but I never struck her, never battered her, etc. and I have no criminal record or history of restraining orders, etc. However, I do plan to record her talking to me about her infidelity with our kids in the next room. Does infidelity have any impact on my potential alimony pay-out?
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allthumbs
Platinum
Reged: 07/12/07
Posts: 455
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"Does infidelity have any impact on my potential alimony pay-out?"
_____________________________________________________________
Not in California nor in most states. I understand in a few states, it does. But not in CA. as CA. is a "no-fault" divorce state. That being said, if the spouse that is receiving spousal support co-habitats with a member of the opposite sex, then that could be a reason to end any spousal support. Here is CA. FAMILY CODE: 4323:
4323. (a) (1) Except as otherwise agreed to by the parties in
writing, there is a rebuttable presumption, affecting the burden of
proof, of decreased need for spousal support if the supported party
is cohabiting with a person of the opposite sex. Upon a
determination that circumstances have changed, the court may modify
or terminate the spousal support as provided for in Chapter 6
(commencing with Section 3650) of Part 1.
(2) Holding oneself out to be the husband or wife of the person
with whom one is cohabiting is not necessary to constitute
cohabitation as the term is used in this subdivision.
Also, you should know, if she does make DV allegations without proof, I would immediately call for court sanctions against her for those false allegations. It is a SERIOUS crime to testify in court to false allegations. It's perjury and more. Strongly deny ANY false allegations. Judges are not stupid and will see what she is trying to pull.
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