| AustinChief |
04-28-2009 08:32 PM |
Quote:
Originally Posted by Monk
(Post 5723936)
Yes it would be a final settlemnt, the house, car and half of everything else for no further obligations
|
This is the kicker. Since she has a job now, these obligation (alimony) wouldn't amount to NEARLY what she wants in taking 50% of the home (unless you both live to be 200 and work that entire time...AND remember , alminony ends the minute she remarries)
Here is the formula they TRY to use in CO....
Quote:
There is a presumed level of temporary alimony in Colorado, in cases where a couple's combined gross annual income is under $75,000. Unless evidence shows a different amount is warranted, at a temporary orders hearing the Colorado family law magistrate will award maintenance equal to 40% of the higher income earner's gross monthly income minus 50% of the lower income earner's gross monthly income. This Colorado alimony formula applies regardless of the length of the marriage.
Example: Pat earns $4000 per month, and Jan earns $1500 per month. Pat's presumptive temporary maintenance payment will be $850 ($1600 - $750) per month, until the permanent orders hearing.
For couples where the combined gross annual income exceeds $75,000, there is no set standard for temporary alimony in Colorado
|
OK, now... here are the factors used to arrive at the FINAL alimony decision...
Quote:
(a) The financial resources of the party seeking maintenance, including marital property apportioned to such party, and the party's ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;
(b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and that party's future earning capacity;
(c) The standard of living established during the marriage;
(d) The duration of the marriage;
(e) The age and the physical and emotional condition of the spouse seeking maintenance; and
(f) The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance.
|
a,b, and c work in your favor. d does not. I assume e and f don't affect things either way.
Based on this... if you lived a relatively frugal life (sounds like you did) and she isn't used to expensive trips and cavier dinners... then IF she is earning a decent wage now... you shouldn't be required to pay more than a nominal amount if anything.
If they don't take your counter offer... I would seriously look into a binding metiation. Probably the most fair route and one where half your assets won't go to the lawyers who battle it out in court.
Any form of alternative dispute resolution is better than going into a court battle... but don't fear court so much that you get railroaded... you have a ton of options at this stage. |
