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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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At the settlement in divorce, my X gets half of what the paid

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At the settlement in divorce, my X gets half of what the paid off home is worth half the marital money and half the pension and assets. Am I still iiable for alimony and or spousal support?
Submitted: 1 year ago.
Category: Family Law
Expert:  AlexiaEsq. replied 1 year ago.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing family law for 19+ years and look forward to assisting you. With regard to your post:

At the settlement in divorce, my X gets half of what the paid off home is worth half the marital money and half the pension and assets. I presume yu are saying that you agreed to this, yes?

Am I still iiable for alimony and or spousal support?You are not automatically liable for that, know. If you agreed to pay same and that has become court ordered via your divorce decree, then yes, you'd be liable for that. But if it is not agreed to and not ordered, then, no. Likewise, your spouse is not automatically to owe you alimony either.

Optional Information:
State/Country relating to question: Ohio

Already Tried:
She has worked a good job making 65k for the past 16 years. We have now been married for 20 years. My income is the same Same as hers, you are saying? but I worked a lot of overtime.I filed for Divorce in 2012 Oct. but as soon as she found out that I was filing, she claimed she got hurt,claimed medical leave from work, and is still to this day not working and claiming she is disabled, and has no money. Don't worry too much about her claims - she will generally need to provide proof of such assertions. Has she been found disabled by the SSA? Has she even filed with the SSA for social security disability benefits? These can be telling, in terms of her claims of being disabled. If the Judge finds that she is not unable to work and earn her $65k, he will typically not order either of you to pay alimony to the other. Here is the list of what your Judge will have to consider when deciding:

3105.18

...


(C)

(1) In determining whether spousal support is appropriate and reasonable, and in determining the nature, amount, and terms of payment, and duration of spousal support, which is payable either in gross or in installments, the court shall consider all of the following factors:

(a) The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed under section 3105.171 of the Revised Code;

(b) The relative earning abilities of the parties;

(c) The ages and the physical, mental, and emotional conditions of the parties;

(d) The retirement benefits of the parties;

(e) The duration of the marriage;

(f) The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home;

(g) The standard of living of the parties established during the marriage;

(h) The relative extent of education of the parties;

(i) The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties;

(j) The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party's contribution to the acquisition of a professional degree of the other party;

(k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought;

(l) The tax consequences, for each party, of an award of spousal support;

(m) The lost income production capacity of either party that resulted from that party's marital responsibilities;

(n) Any other factor that the court expressly finds to be relevant and equitable.


I am also thinking: If you and the ex earned the same amount but you had to work more hours to do so, that means she earned MORE per hour than you. It may help you to assert that she has a higher earning capacity. She earned, say, $35/hour while you only earned $27/hour, for instance. (Figure it out, that is only 'for example' numbers.) Assuming she can not show she is actually unable to earn it, it can help prevent her from succeeding in winning a meal ticket off of your future labors.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

Customer: replied 1 year ago.

Our earnings are preety much the same, but I had worked over the years alot of over time. Me then making on average about 15k more than her.


No she has not per my knowledge filed with the SSA for any benifits.


At the pretrial she stated to the Magestrate that she was disabled. The Magestrate asked how much income is she recieving for disability, She said none. The Magestrate replied then you are not disabled.


But she claims to have a doctors note that she should not be working, which childrens services did state to me they have seen.


 


I see all the criteria a Judge may review before he decides to give sposal support or alimony. Thank you for sending. But I do not know how this will turn out, even with this criteria when she claims she has no money and disabled.


 


I filed for Divorce in Oct of 2012. I have been vacated from my home since 2011 due to false allegations.She has exclusive rights to the home, which is paid for.She is neglecting any maintance to the home. Children services/Dependancy court has removed the children from her custody due to neglect. Since Oct she has not shown up to one hearing except a couple weeks ago, the pretrial. During all this she has filed two motions for me to pay her lawyer fees , but has not shown up for either one. So at the last one my laywer asked for a divorce trial to begin. Sept 2013. She is still claiming she is destitute but at pretrial she said she had 60k in 401k.

Expert:  AlexiaEsq. replied 1 year ago.

Our earnings are preety much the same, but I had worked over the years alot of over time. Me then making on average about 15k more than her. Oh, so you are saying that you earn the same hourly, but you work more hours. I understand. You may want to discuss with your divorce lawyer the advantage of stopping the overtime if you are able, for now.


No she has not per my knowledge filed with the SSA for any benifits. So she is just talking. You may also want to check if she has filed for any Short Term or Long Term Disability via her employer, if there was coverage there for that. Did she apply? If so, did she lose?

 



At the pretrial she stated to the Magestrate that she was disabled. The Magestrate asked how much income is she recieving for disability, She said none. The Magestrate replied then you are not disabled. See? Talk is cheap - he is not buying her talk. Which means you have a good chance of him imputing her standard salary to her, whether she chooses to get up and earn it, or not.


But she claims to have a doctors note that she should not be working, which childrens services did state to me they have seen. Doesn't matter, that is hearsay, and she will likely have to do better for the judge. The doctor is not a vocational expert.



I see all the criteria a Judge may review before he decides to give sposal support or alimony. Actually, he MUST consider them, not just "MAY". Thank you for sending. You are welcome.

 

But I do not know how this will turn out, even with this criteria when she claims she has no money and disabled. Of course you don't, or else you'd be a crystal ball. Those are the aspect you seek to get evidence of that is in your favor to the Judge has no reason to award her alimony. And I suggest you move onthis sooner rather than later, so that she does not actually BECOME legally disabled before yoru divorce, because then she may just succeed in alimony. Right now, it seems the judge is all in your favor.


I filed for Divorce in Oct of 2012. Yes, you said.

 

I have been vacated from my home since 2011 due to false allegations.She has exclusive rights to the home, which is paid for.She is neglecting any maintance to the home. You can file a Motion asking the Judge to Order that she maintain the home if she continues to plan to live in it for now.

 

Children services/Dependancy court has removed the children from her custody due to neglect. Wow. Does that mean you hve custody?

 

Since Oct she has not shown up to one hearing except a couple weeks ago, the pretrial. During all this she has filed two motions for me to pay her lawyer fees , but has not shown up for either one. So at the last one my laywer asked for a divorce trial to begin. Sept 2013. She is still claiming she is destitute but at pretrial she said she had 60k in 401k. Remember, talk is cheap, the Judge will typically require her to prove her statements if he is going to consider them, much less consider them in her favor at all.

 

If you have custody, I do hope you have filed for a child support order against her. That $60k she admits to could serve those children well.


Good luck. You seem to be in decent shape here in this matter. She has already made disfavor with the judge.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

Customer: replied 1 year ago.

I think she had short term insurance which I told her years ago to set up in case anything in the future was to happen. She stated in pretrial that all benifits ran out some time ago. Keep in mind she has been stalling the courts and playing the disabled card for now 10 months.


So how quickly can she get disability assigned to her? To use in court for me to pay for her? And hopefully not for the rest of my life.


 


I have a 75n order which she did not show at court, and the judge did order her to maintain the home, but at that time the children were living there and I did not want to turn any thing off on them.But still she states she has nothing and will not go to work.


 


No I do not have custody. She had me vacated with a resraint order which is to expire in a few weeks.Any way the restraint order squashed me from recieving my children. Also they do not want to see me or any family members on either side of family, due to severe parental alighnation. Which the GAL and Dependancy Magestrate is witnessing slowly but surlely. It has been ordered for therapy with my children. Thank God they are away from her. They are in a Foster Home.


 


So yes my family is messed up, I have dealt with this now for two years. And I am running scared of what ever this vindictive or mentally ill woman tries to do. And I do miss my children and yes Even with the alignation, I filed for custody.

Expert:  AlexiaEsq. replied 1 year ago.

I think she had short term insurance which I told her years ago to set up in case anything in the future was to happen. She stated in pretrial that all benifits ran out some time ago. Keep in mind she has been stalling the courts and playing the disabled card for now 10 months. What makes you think that that has caused delay? Did the judge say he was adjourning things because of her allegations of being disabled?


So how quickly can she get disability assigned to her? Depends how good her medical evidence is. If she proved to SSA via medical evidence that she is unable to work, it could take 2 months (very unusual). Or, she could be more typical, be denied, appeal, be denied, etc. and then either not win or win. Could be YEARS.

 

To use in court for me to pay for her? That wouldn't mean you have to pay her necessarily - actually - because now she'd have a nice chunk of change coming in and can't cry that she has no income.

 

And hopefully not for the rest of my life. Yes, understand.



I have a 75n order which she did not show at court, and the judge did order her to maintain the home, but at that time the children were living there and I did not want to turn any thing off on them.But still she states she has nothing and will not go to work. Let her starve. Eventually she will have to explain how she is feeding herself.



No I do not have custody. She had me vacated with a resraint order which is to expire in a few weeks.Any way the restraint order squashed me from recieving my children. Did you consider fighting that with a lawyer?

 

Also they do not want to see me or any family members on either side of family, due to severe parental alighnation. Which the GAL and Dependancy Magestrate is witnessing slowly but surlely. It has been ordered for therapy with my children. Thank God they are away from her. They are in a Foster Home. So sorry. Are you taking the necessary steps to get them into your care? If you can get them plus you into some family therapy, that may be good, so they can learn what you didn't do wrong, that they were led to believe you did, falsely.



So yes my family is messed up, I have dealt with this now for two years. I am so sorry... words can not express.

 

And I am running scared of what ever this vindictive or mentally ill woman tries to do. And I do miss my children and yes Even with the alignation, I filed for custody. Good, keep fighting if you can. There will be a light at the end of the tunnel eventually. I will keep you and yours in my thoughts, positive thoughts.

Customer: replied 1 year ago.


Sorry I had to leave for a few. I will make this short, you can reply and then I can rate.


 


No she has been stalling the courts with not showing up, Dependancy court, and her saying she does not have money for counsel.


 


Yes I cut off all bills and utilities I had paid, but I do continue to pay property taxes, house insurance,and car insurances. Doing this so I keep my excellant credit and my home which I bought better than 3 years before we got married and paid for with out a dime from her 5 years ago. Cannot afford to cut her off completely and risk a lawsuit from a fender bender and or the house being burnt down.


 


With the children stating that they did not want to see me or any of the families, children services arranged for a foster parent to take over while we work on the therapy. Its all crazy and it saddens me and each family. Hers and mine. To let you know also, her Mom, has and will continue to testify against her daughter for me, to help with the children and their brain washing. So yes we are taking steps to get Therapy going to allow the children no what is real. But it is all so slow.


 


Thank you very much for your info and your thoughts.

Expert:  AlexiaEsq. replied 1 year ago.


Hi again,


No she has been stalling the courts with not showing up, Dependancy court, and her saying she does not have money for counsel. When she make a request for an adjournment, you or your attorney may want to consider opposing it.



Yes I cut off all bills and utilities I had paid, but I do continue to pay property taxes, house insurance,and car insurances. Doing this so I keep my excellant credit and my home which I bought better than 3 years before we got married and paid for with out a dime from her 5 years ago. Cannot afford to cut her off completely and risk a lawsuit from a fender bender and or the house being burnt down. Yes, if you own that vehicle, I unfortunately, agree. But, keep track and consider asking the Judge to order her to pay, and if she doesn't, to hold her in contempt, such as jailing her until she complies with his order. If she has $60k, she can clearly pay.


 

With the children stating that they did not want to see me or any of the families, children services arranged for a foster parent to take over while we work on the therapy. Its all crazy and it saddens me and each family. Hers and mine. To let you know also, her Mom, has and will continue to testify against her daughter for me, to help with the children and their brain washing. So yes we are taking steps to get Therapy going to allow the children no what is real. But it is all so slow. So sorry. Yes, I imagine it is slow. I am glad to hear you have her mom on your side.



Thank you very much for your info and your thoughts. Anytime.

AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11750
Experience: 19+ Years of Legal Practice in Family law matters.
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