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I need some good arguments against the payment of spousal support?

Elkhart, IN |

The petitioner abandoned the marital home in June, 2011 and has held more than one job since abandoning the marital home. One with a Major Retailer and is currently employed by an oil company. There is one minor child of 16 who does not need special care of any kind. The Respondent Husband will agree to take the marital home and all its outstanding debt that is aproxomately $47,000 more than the homes value. The petitioner has the sole posession of a $40,000 2007 SUV that was the family car while the Respondent Husband has posession of the 2002 vehicle with 184,000 Miles on it. The petitioner is living with Family with little or no expense since June of 2011. Shouldn't the period of incapacity be over?

Attorney Answers 1


  1. You have a 16 yr old child, so there was a long marriage. Adjust the property division and then apply someportion of the spousal support to pay it back, or use the facts to discuss equity

    My name is Stephen R. Cohen California State Bar #60834, fax 1-888-958-5642, cell phone for appointment only 213-819-1171. I primarily practice in Los Angeles and Orange County but have been admitted other states and countries Pro Hac Vice. I have practiced extensively in Family Law, Criminal Law, and Personal Injury and have forgotten how many trials I have been in. I like to listen to my client's recitation of their version of the facts, and their desired outcome--then pose questions to them to determine the viability of their case and their personal ability to testify. Then I decide if I will take their case (I hate Losing). If I do not want to take your case get a second or third opinion sometimes I am wrong, or we just do not have the chemistry to work together. My hourly rate is $400 plus costs, travel and lodging expenses. I take no contingency fee cases under $500,000. The answers here do not create an attorney-client relationship obviously I would spend a great deal more time with a client even on a small matter.
    Of course, but some attorneys also advertising (by posting answers) have called me a blatant and unabashed attorney and after thirty eight years of practice all I can reply is "they can kiss my ass".

    Some of the questions lack much detail that would be fleshed out in an extensive office interview and this must be pointed out. Further some of the questions reveal a bias on the questioner's behalf. People and Judges (a few) would benefit from thinking what this looks like from the other side (the opposition) and the Judge's view before firing bullets which may cause self-inflicted wounds such as a irritating the judge or looking foolish. Self-inflicted wounds are the worst and most embarrassing!

    Why are attorneys afraid to advertise their hourly rates? Which attorneys can do in 4 hours what I accomplish in 1 hour? Prospective clients might ask that as well. And always leave an attorney's office who promises or guarantees anything as they are either stupid or lying or both. Often times at trial partys and witnesses change or add or forget testimony or there may even be new parties added. Going to trial is like throwing dice, 7 is most often, but there are other combinations and an experienced attorney can only give an educated guess!

    Very truly yours,

    Stephen R. Cohen

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