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Can I have you post this anonymously please.I need help I am a father of one child. Recently after 12 plus years of marriage my wife came home and said she wanted a divorce. She worked in the begining of our marriage (she has a 4 year degree) and 3 or 4 years ago after our child was already in school, decided to stay home because we could afford it. She wants to keep our house, get $2800 Alimony for 5 to 7 years plus child support, half of my retirement and savings as well as have our child 60 to 70% of the time. She has asked I move out. I make 120,000- 130,00 a year. She would like me to agree to these things to avoid court. Does anyone have advice with this? Would a judge award such high alimony for that long or award her everything else she is asking? Or would child support be more likely since she is able to work. What she is asking for pays all of the bills she has. I know every case is different but is this likely

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Nothing has been filed this happened Saturday. She is having a consult with a lawyer today and wants to go off what she says. She claims 2,800 for Alimony and child support combined. I just wonder if because she can work if it is reality for her to get this for 5 plus years...she didn't even stay home that long and our daughter is in school all day.

Lawyer's Assistant: Family law varies by state. What state are you in?

Minnesota. She didn't stay home to raise our daughter or volunteer etc... it was simply because we could afford it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She also wants me to stay in the morgage since we just refinanced

Submitted: 2 months ago.Category: Family Law
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Answered in 5 minutes by:
3/28/2018
Family Lawyer: Lucy, Esq., Lawyer replied 2 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
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Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

It's possible that the judge will allow her to keep the house if she is also going to remain the primary custodial parent - but she has to pay you half the equity. She wouldn't get to take the house outright. The judge can order her to make the mortgage payments or to refinance. The judge could also allow you to make the mortgage payments directly as part of alimony or child support, which would help you preserve your credit, at least for the time she's requesting support. The key, though, is that the agreement needs to have some sort of provision that prevents her from deciding she doesn't feel like paying any more and letting the house get foreclosed, destroying your credit. I see that a startling amount of the time, so you want to protect yourself.

The portion of your retirement account and savings earned during the marriage is community property, so she is entitled to half of that. Note that she's not entitled to half the total if these accounts were opened before the marriage.

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Family Lawyer: Lucy, Esq., Lawyer replied 2 months ago

For child support, there's a calculator. Run the numbers based on your current earnings and hers. However, not working is a luxury, not a right. You can ask the judge to presume that she could get a job if she wanted one and to figure support based on what her salary could be. You may want to also run those numbers. Whether he'll do it may come down to if the judge finds that there was an agreement she wouldn't work (rather than her refusing to get a job).

https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator

The usual rule of thumb with alimony is half the length of the marriage, so she might get 5-6 years, but probably not 7. Alimony is based on her necessary expenses versus income, but as part of that, the judge is going to look at how much child support she's getting, because that will be available to pay toward things like the mortgage and car payment.

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Family Lawyer: Lucy, Esq., Lawyer replied 2 months ago

Just like with child support, you can ask the judge to assume she could get a job if she actually wanted one - at least part time. That can help reduce the amount you pay. Based on your salary, $2,800 wouldn't necessarily be unreasonable if you weren't also paying child support, but it could very well be too high when you put the numbers together.

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