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How long was your marriage? and do you have children?
marriage was 18 months and no children
If you are not working, and the total support projected was $5,600.00 a month then I would presume that $3,500 is not a fair and just offer. I would either counter or wait until the OSC hearing.
What would be a fair counter? I am concerned that the judge will be very tight?
The OSC would be in Orange County and I have a male judge
I would counter for $4,500.00 and see if there is an agreement that the two of you can reach
Also if he wants to modify the income monthly, then ask for proof of his paystubs and tax return for the previous year. Take the YTD gross earning and divide it by 12 months if using taxes, or by however many months if using paystubs
In your experience is it better to settle this before an OSC...are the judges in OC less likely to give the full amount due?
Yes it is better to settle this before an OSC, but that doesn't mean that you can't push it to settling it in the hallway. That is where 99% of cases are settled. OC judges actually give out pretty decent spousal support awards in my experience. Are you making attempts to find employment? Do you have any income?
I am looking for work. Right now I have only managed to find per diem nursing jobs..so I pick up a patient once or twice a week which gives me about $100.
but that shows you are trying, and that's important when determining spousal support awards
do they ask you if you have found a job or if you are looking?
They will give you what is known as a "Gavron Warning" which means that you need to start to find work while receiving spousal support
Yes. Of course I have to. Thank you so much for your input.
You are very welcome! if you need anything else please do not hesitate to ask. Please don't forget to accept and provide positive feedback