procedure and rules under WA state law regarding providing spousal support
Olympia, WA
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Posted about 1 year ago in Alimony
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Spousal Support:
Is it ridiculous to consider asking for spousal support if both parties work and make good money? Example - married 23 years one child who will be HS senior this next year.Petitioner's salary $125k. Respondent's salary $100k (previous to current year avg was around 80K for last 5 or so years). Respondent worked same job for 30 years turning down job offers because petitioner's job required travel so she couldn't accept a job traveling also. By staying in the same job, taking care of their child, home, bills, taxes, investments, etc., Petitioner had the ability to change jobs every 6 or 7 years until he bypassed the respondent's salary. Jobs he chose didn't necessarily have great retirement plans. Just before the holidays he deserts his wife and child for his girlfriend of 2 years. She is half his age, 25, Russian, and in the states on a work visa for a very large company. She also lives in another state, but they had worked together and the petitioner had many opportunities to visit the home office in the other state. During those two years, the Petitioner obviously spent both community property funds and company funds to visit, get hotels, flights, food, drink, etc for himself and girlfriend. Now they are trying to have a civil divorce because of their child, by doing the paperwork themselves, going to mediation, etc. Two areas they disagree on. 1. Petitioner wants to pay only the max transfer payment of $691. His girlfriend has expensive tastes and flying her up to WA to stay for a week at a time in his new apartment which he furnished with the best of everything and still splitting the bills with the Respondent on their home and child. 2) Family home - originally Respondent and child would be allowed to live in the home for 18 months and Petitioner would split the house pmt with the Respondent - $1000 each. Before the final filing Petitioner decides to have another lawyer look over the paperwork and discuss the 2 sticking points. Lawyer tells him paper work is all in order and can be filed at any time. When questioned about the child support which allowed for extra expenses - car insurance, college fund, allowance, etc - the child support payment was showing as $1293. Lawyer explained he could move those expenses to 3.15 of the form so they were not part of the transfer pmt. Also seemed to indicate that after order is filed, he would not have to pay them unless he wanted to. Lawyer also suggested Respondent be awared the house with a lein to the Petitioner for 1/2 the equity established now and equity paid to Petitioner sometime in the next 2 years. Or require Respondent sell house and move out when child graduates high school in 9 or 10 months. Respondent has problems with both options - house values are still falling so to value the home in todays market could mean paying more for it now than in six months. Also, she would stretch things to the limit to purchase the home with only her salary. where Petitioner could. So now she is looking at the options and not liking either since she also got the 14 year old car and him the 6 year old car - because he left most of the furnishings in the house, but always manages to find something else he would like when he stops by. Because he changed jobs so often, she is giving him investments and retirement worth $350k and of course there is still the house which will run probably $175k. At 50, Respondent planned on only working 5 more years, house paid off, child through college - ah, retirement! Now there is no more retiring in 5 yrs, more like 12 - 15 yrs. She isn't gettting those job offers at 50 that she was getting 10 -15 years ago. She may have to get a $330k loan for 30 yrs to buy her own house. Single salary probably not...so now she is looking at 10 more yrs of work, home in another neighborhood, dating at 50, not having the money to invest for retirement on one salary, etc. Petitioner is a few yrs younger so more earning power, retirement, etc. Am I being greedy/jealous?
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Answers (3)Dave Hawkins
This attorney is licensed in Washington.
Posted about 1 year ago.
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Are u trying to do this without the assistance of counsel? If so, that is a mistake. In a long tem marriage with these kind of propertyy issues, you need a good attorney representing you -- do not take the advice of the opposing party's attorney -- the Petitioner's attorney does not represent you and has an affirmative obligation to zalously represent the interests of his client. Do not sign anything until you have reviewed thier proposal with an atorney. I am vey familiar with the "russian bride" phenomena and can visualize the Petitioner's' haste in finalizing this quickly. As to your question, after 23 years of marirage a request for maintenence is approperiate -- I'm not saying it will be granted, but you have to use all of the weapns in your aresenal to get the best divison of property you can. Do not amke any deals wiht child support without first consluting wiht counsel. Please go see an attorney if you are not represented.
David Lawrence Ganz
This attorney is licensed in Dist. of Columbia and 2 other states.
Posted about 1 year ago.
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This is not about greed or jealousy, its about economics and what the law recognizes and allows. Under the facts you gave, its foolish not to ask for support and maintenance, if only to be a bargaining chip-- becayuse its possible that it could be awarded. You need to have the alternatives objectively analyzed (expert) ands then prosecuted on your behalf by your advocate. My advise: do not approach this un-represented. Significant assets may very well require evaluation of a professional who is in that field, but for the typical moderate, working class couple who decide to split, if they are capable of agreement on the basics, their overall bill will be modest, and if they engage counsel, it may be only at the end to incorporate their own negotiation into court documents. That achieves the result, minimizes the cost, and maximizes the potentiality of the system. There's a book covewing this and other topics, The 90 Second Lawyer (Ganz & Wolenik)(Wiley & Sons)
Thuong-Tri Nguyen
This attorney is licensed in Washington.
Posted about 1 year ago.
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In WA, parents in family law proceedings may be ordered by the court to help pay for some or all of a child's college expenses. Since your child is about to graduate from high school, this likely is a good time to have an agreement or court order regarding post secondary education support. If you wait too long and the issue is not addressed by a certain time, you may lose the right to ask the court to address the issue of post secondary education support.
The marital community seems to have significant assets. It may be prudent to review your facts and options with an attorney. Being unrepresented while the other side is represented may lead to an outcome unfavorable to the unrepresented party. Once the court has signed the orders dividing the assets and debts, it may be difficult if not impossible to get the orders changed. |