Is Income Earned During Separation Included in the Marital Estate for Divorce
My question involves a marriage in the state of:Maryland
This is kind of a "confirmation question", I believe in talking to an attorney, once my wife and I separate, any new income that I make during the separation should not be taken in account during child support and alimony calculations.
Example, I separate tomorrow and the very next week I hit the lottery (or start a business), those new monies belong solely to me?
Thanks
Re: Divorce Once You Legally Separate, How is New Handled
Here is the thing. I don't know about alimony, but child support is fluid. So if you start making more money, you child support obligation can change, even after your divorce is final. Think about it. Child support is for your child. If you remain married and win the lottery or start a business that becomes successful your children would benefit from that. Why shouldn't they benefit from that just because your marriage failed and you are getting divorced?
I know in my state there are guidelines that have to be met before a modification will be ordered. All your ex would have to do is request a review, and from your posting history I hope she does this every chance she gets, since it appears you are out to scam her and your children.
I won't speak about alimony as I am not familiar with it myself.
Re: Divorce Once You Legally Separate, How is New Handled
Whoever fixed the title, thanks. I couldn't edit it myself.
Anyway, based on my income I would be paying the max child support. I already ran the calculator (esp with an attorney). So making more would not make any difference. In terms of Alimony, I just did some research, it looks like It would be very difficult to, if anything I could get it reduced if she gets a job after we separate. I make a salary in excess of 6-figures.
I just found some additional 1099 work that I can get if I separate that is around 80K additional, it would certainly pay for much of the Alimony and/or CP.
Re: Divorce Once You Legally Separate, How is New Handled
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paul.hart
Whoever fixed the title, thanks. I couldn't edit it myself.
Anyway, based on my income I would be paying the max child support. I already ran the calculator (esp with an attorney). So making more would not make any difference. In terms of Alimony, I just did some research, it looks like It would be very difficult to, if anything I could get it reduced if she gets a job after we separate. I make a salary in excess of 6-figures.
I just found some additional 1099 work that I can get if I separate that is around 80K additional, it would certainly pay for much of the Alimony and/or CP.
There is no such thing as a "max" for child support. There is a max for guideline purposes but it is up to the judge to decide what amounts of child support get ordered above the guideline max.
If you think you can add 80k to your income without an increase in child support you are living in fantasyland.
Re: Divorce Once You Legally Separate, How is New Handled
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llworking
There is no such thing as a "max" for child support. There is a max for guideline purposes but it is up to the judge to decide what amounts of child support get ordered above the guideline max.
If you think you can add 80k to your income without an increase in child support you are living in fantasyland.
Well, she would have to request a revision PLUS, even if she did find of the 80K, she would be entitled to a percentage of it, certainly not 100%. The point being, this "piece of work" would take care of her alimony and CP, so she would not dig into my income.
Re: Is Income Earned During Separation Included in the Marital Estate for Divorce
Under the laws of your state, you should assume that assets that come into the estate during the marriage will be treated as part of the marital estate, with their value being determined as of the date of entry of divorce. While it may be possible to argue that a post-separation lottery award is separate property, even that is going to involve a fact-based determination.
Basically, if you want to avoid the possibility that a spouse will have a claim on an asset you acquire, get divorced.
Re: Is Income Earned During Separation Included in the Marital Estate for Divorce
The Maryland courts will recognize a separation agreement and incorporate it into a final judgment of divorce if the divorce is no-fault. Once such an agreement is signed the date can be fixed as to asset allocation. You cannot live under the same roof between the time it is signed and the final judgment of divorce. The court can make changes depending on the facts.
Talk to your lawyer about it.
Re: Divorce Once You Legally Separate, How is New Handled
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paul.hart
Well, she would have to request a revision PLUS, even if she did find of the 80K, she would be entitled to a percentage of it, certainly not 100%. The point being, this "piece of work" would take care of her alimony and CP, so she would not dig into my income.
You are really disgusting...I am out of here.
Re: Divorce Once You Legally Separate, How is New Handled
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llworking
You are really disgusting...I am out of here.
I guess you have never been through a divorce where you had agreed to all kinds of settlement stipulations with your Ex only to find out that when the lawyer got involved, your Ex went after assets that were not fair game under an equitable distribution state.
As long as OP takes care of his children, I have no problem with him trying not to get raped.
Re: Divorce Once You Legally Separate, How is New Handled
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budwad
I guess you have never been through a divorce where you had agreed to all kinds of settlement stipulations with your Ex only to find out that when the lawyer got involved, your Ex went after assets that were not fair game under an equitable distribution state.
As long as OP takes care of his children, I have no problem with him trying not to get raped.
Pretty disgusting.