Hello, I have an alimony question since I am defending myself against my wife's divorce filing...
#1 I am currently unemployed / self-employed... no real job or any real income at the moment... however, I am working up a new business and won't be paid anything until September... I hope to be able to pay myself $3000 per month as budgeted to support myself and my 14 year old daughter that I am the sole provider for.
#2 I received custody of my daughter from my first marriage when she was an infant/toddler. Her biological mother is deceased and she receives $608 from Social Security for her mother's death benefit. Right now that is our only income as I am borrowing from my parents until September.
#3 My soon to be ex-wife is voluntarily underemployed. She makes just above minimum wage which is about half of what she made when we married 11 years ago. She has the potential without any further education to make upwards of $40k a year, without a doubt and she could find employment in her field even in this crappy economy!
#4 Her attorney is seeking rehabilitative and/or bridge the gap and/or temporary and/or lump sum alimony. That is up to 4 types of alimony from someone that doesn't even have a current income and is the sole parent and provider for a 14 year old child.
#5 Even based on future earnings, I am still not guaranteed to be able to pay myself $3,000 per month. The wife can make just as much if not more than me without any further education and she receives almost $400 a month child support for her 15 year old daughter from a previous marriage.
#6 We recently filed a Chapter 7 bankruptcy which was discharged in October 2009 and have no real liabilities. Some of her jewelry and household furnishings are the only real assets that we have. The house went back to the bank in the bankruptcy which she is in the process of packing up to vacate. I left several weeks ago.
*Given the circumstances mentioned above, what does her alimony chances look like?
*Can I ask the judge to order a sale of marital assets and split that money equally? Assets including non-gifted jewelry, household furnishings and a collection of Fiesta dishes bought during the marriage?
Thank you in advance!
Billy
#1 I am currently unemployed / self-employed... no real job or any real income at the moment... however, I am working up a new business and won't be paid anything until September... I hope to be able to pay myself $3000 per month as budgeted to support myself and my 14 year old daughter that I am the sole provider for.
#2 I received custody of my daughter from my first marriage when she was an infant/toddler. Her biological mother is deceased and she receives $608 from Social Security for her mother's death benefit. Right now that is our only income as I am borrowing from my parents until September.
#3 My soon to be ex-wife is voluntarily underemployed. She makes just above minimum wage which is about half of what she made when we married 11 years ago. She has the potential without any further education to make upwards of $40k a year, without a doubt and she could find employment in her field even in this crappy economy!
#4 Her attorney is seeking rehabilitative and/or bridge the gap and/or temporary and/or lump sum alimony. That is up to 4 types of alimony from someone that doesn't even have a current income and is the sole parent and provider for a 14 year old child.
#5 Even based on future earnings, I am still not guaranteed to be able to pay myself $3,000 per month. The wife can make just as much if not more than me without any further education and she receives almost $400 a month child support for her 15 year old daughter from a previous marriage.
#6 We recently filed a Chapter 7 bankruptcy which was discharged in October 2009 and have no real liabilities. Some of her jewelry and household furnishings are the only real assets that we have. The house went back to the bank in the bankruptcy which she is in the process of packing up to vacate. I left several weeks ago.
*Given the circumstances mentioned above, what does her alimony chances look like?
*Can I ask the judge to order a sale of marital assets and split that money equally? Assets including non-gifted jewelry, household furnishings and a collection of Fiesta dishes bought during the marriage?
Thank you in advance!
Billy
