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I will be filling for divorce after 7 yrs of marriage, w/2 young kids, & wife has been stay-at-home mom all 7 yrs of marriage. I owned the home before we got married. I have a 401K & pension. I can show what my 401K had prior to marriage & what I contributed during marriage. we have agreed to 50/50 joint custody of kids. wife just got her MBA and is capable of working. I want to know if I should expect to be paying some kind of spousal support and how much & for how long? and how will child support be calculated if she currently has no income since she's not working?
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Permanent alimony does not kick in until the marriage is over ten years. In your case you should expect to pay temporary alimony for no more than a year or two until your wife gets into the job market and back on her feet. If she has an MBA she should be able to earn a living, and by going back to school and earning her MBA it appears that she intends to go back to work. You may need to hire an expert that can testify to your wife's earning capacity in the current job market. Alimony is based upon her needs and your ability to pay. Child support is based upon both you and your wife's income, child care costs, and health insurance costs, all input into a computer program that calculates guideline support. Without knowing the specifics for the above numbers it is not possible to predict your alimony or child support numbers. Your total support obligation including alimony and child support should not exceed 50% of your income.
Answered on Sep 10th, 2013 at 3:46 PM