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ESAW here.. got a friend that is in need of some help..

Started by Mom2one_two, Aug 19, 2004, 06:51:24 AM

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Mom2one_two

Hey.. got a q for a friend of mine. He is getting divorced after 20 years. His wife has worked for the past 15 of those years as a PT. He works in the IT field and makes roughly 2x what she does. The STBX owns a house (it is in her name only and was inherited while they were married) separately from the marital home. Here is the gist. The STBX is very bitter about the impending divorce and is trying to milk the guy for everything. (What is new there?) The guy really tried to do right by her. They have two children (16 & 13). For the past 5 years, even though she worked as a PT making pretty decent money, he paid all the bills with his salary and she got her money as 'mad money'. The year that they were separated before he began initiating the divorce, he paid all the bills too, (I know big mistake) so that she can get herself together and look to stand on her own.
Fast forward to present. Her atty has wrung him thru the wringer with discovery trying to prove an affair (there was none). They can't so now they are going for the jugular. They are presently getting 1500 a month in CS for the two kids. She has asked for 2000 a month in alimony for the next 20 years. He has fought it all the way. He was willing to give her 800 a month to pay for the house until the youngest graduated from high school so the kids don't have to move. She is claiming 6000 a month in expenses. How this is I don't know. The judge they have is very much pro mother and has insinuated that he will approve the 2000 a month in alimony & 1500 in CS for the next 8 years (until the youngest graduated from college). In addition, the guy must pay for all the college and provide the children with a vehicle once they turn 16.. Keep in mind, this guy is a contractor and make 98K a year.. so it isn't like there is that much of a discrepancy in the two salaries.
I need some case law where this guy can get some help.. any advice??? BTW.. this is in KY.

Kitty C.

Good God........I've heard of being taken to the cleaners........but this is  being sucked dry to dust!

Start with state statutes.  Like here in Iowa, it must be PROVEN why it would be beneficial for the costs of college to be split between the parents, then if so, the child MUST maintain a decent grade and the NCP pays anything (expenses, etc.) directly to the child, NOT to the CP.

Sounds like they don't have an order signed yet by the judge, so what he doesn't HAVE to pay for all that stuff...........yet.  That's just what the other side is asking for.  So dig thru al your state statutes on dissolusion, alimony, and support to find what the laws are.  

And I hope he's got a GREAT atty., preferably one outside the area, if he isn't in a metro area.  Those more rural counties have a 'good old boy' system that will suck water from parchment if they can.  Only with a 'go for the throat' atty. will he be able to come away with anything left intact!
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

Mom2one_two

they don't have the atty signed yet by the judge, but the judge did state in pre-trial that they better work something out. She asked for 15 years alimony.. the judge eluded to the fact that he would give her 8.. until the youngest was out of college..
   teh atty is ok.. I don't know of him.. but who knows.. this is the 3rd atty he has been thru. the other two did very little in fighting this. I guess it is just hard for me to imagine. I am a SM, but my hubby's ex didn't do anything like this and I am aghast. This is a family friend that this is happening to. I can actually imagine this from her. She has told him several times in front of me that he will never leave her.. regardless.. soo.. you get the picture.. I asked him if he would consider going back to her until the youngest is old enough.. he said that if he did, she would kill him.. he honestly believes that.. he has a friend go with him to pick up drop off b/c he doesn't know what she will do..
   

Kitty C.

http://www.lrc.state.ky.us/KRS/403-00/CHAPTER.HTM

Check under .200 and .213.  In .213 (CS) it specifically states that CS cannot be modified unless there is is a 15% change in either parent's income, and within the first year of the order it must be a 25% change.  

You might want to read these statutes VERY closely, as it has to deal with married women's property and the effects of dissolution and marital debt:

http://www.lrc.state.ky.us/KRS/404-00/CHAPTER.HTM

I think this would be very significant, what with her having a home readily available to her, other than the marital home.

Surf thru this link, too:

http://kentucky.gov/Portal/Category/gov_law

It might lead you to case law.

Hope this helps.....cuz this guy's gonna need all the help he can get!
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......