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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My wife is divorcing me. I am 58 years old and she is 35. We

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My wife is divorcing me. I am 58 years old and she is 35. We have a 4.5 yr.old child.she has a pending law suit with her previous employer for sexual slander and harassing work environment. She does not want me to have any access to that money so she wants me out immediately. She insisted 2 yrs.ago I retire so she could persue her career in mgt. she also completed her degree while married to me. At the time Imretired, I was making about $100,000 a year with benefits included. I now make $20,000 a year retired. She insisted I pay her child support with my income of $20,000 a year and says Nevada law requires it.
We have been married almost 7 years and I was willing to give her 33.33% of the equity in the proceeds from the sale of our home. All of the equity comes from money's earned prior to marriage.(1 retirement check/ car/ motorcycle sale =$61,000) No equity was accrued during the marriage. Do I have a child support obligation and do I have alimony rights?

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

Both parents have a child support obligation and that is always based on an earning capacity. So it would be based on your ability to earn your potential as the true retirement age is about 72 now.

So you would not be able to go into court and say - well, im retired and I earn 20,000 so base my obligation on that salary.

Spousal support may be granted on a temporary basis until you are able to get back on your feet and earn your potential
Customer: replied 4 years ago.
What is her legal entitlement percentage to the equity proceeds in the sale of the home? Is she entitled to any proceeds of my 401 k earnings that were accrued prior to the marriage?
( none of which was contributed to after the marriage)

She is not entitled to anything you acquired before the marriage and if you have not been married for at least 10 years she may not be entitled to any of your pension or 401k options

However, both of you are entitled to a division of the property acquired while married and that is done 50/50
Customer: replied 4 years ago.
As first noted, all of the equity in the home was acquired prior to the marriage. (80,000) The amount of equity in the present sale of the property is about ($80,000). Is she still entilted to 50% ?

She is not entitled to the any equity in the home prior to the marriage. Any equity after the marriage is a 50/50 split.

So if there was 80 prior and now it is 90,000 then she is entitled to the split of the $10,000
Samuel II and other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you for your great replays!