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Division of Savings to a 10-Month Employee vs. 12-Month Employee

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  • 08-19-2014, 09:28 PM
    892Elm
    Division of Savings to a 10-Month Employee vs. 12-Month Employee
    My question involves a marriage in the state of: NJ

    I am a teacher employed for 10 months each year (Sept - June). I am paid my salary over those 10 months and paid nothing for July/August unless I find supplemental employment, which I normally do, but for much lower wage. I have the option with my regular employer to be paid my salary over 12 months, instead, but have always taken it over 10 months both before and during marriage and saved enough to pay mortgage and expenses in the summer. Ex has a 12-month position (and also makes more overall). Motion for divorce occurred in April. She moved out of the marital residence near the end of the school year. My position is that I should normalize my salary and be owed that amount before 50/50 split of accounts. In the first place, I could have opted to take my salary over 12 months in which case that is the amount I would be paid over the summer. Second, she is earning regular wages for July & August anyway, so this seems like a blatant money grab on her part to disallow me of this. Thirdly, as I mentioned, a portion of the money in bank accounts is "earmarked" for paying summer expenses related to the marital home, childcare, etc. The other party argues that all of the above bears no relevance. I have an attorney however this is one issue that seems to be a big unknown. I would appreciate any opinions on this very specific situation and past precedents related to this issue.
  • 08-19-2014, 10:06 PM
    Disagreeable
    Re: Division of Savings to a 10-Month Employee vs. 12-Month Employee
    Generally a child support calculator is used for the state in question.
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