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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife and I are divorcing.Our timeline. 2009 July

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My wife and I are divorcing.Our timeline. 2009 July married. July 2012 separated. January 2015 Back together on a 6 month trial (we tried to reconcile for children. August 2015 separated again.She is now asking for childcare payments and alimony that amounts to 1/2 my paycheck.I've worked my whole life building my career (since 14) and payscale (we've had the worst marriage possible, she has not (worked hard) and we have had 2 children together. We have had such a short marriage, is it really possible for her to take half my paycheck. Seems very unfair that i've worked so hard in life that a judge would basically sentence me to hardship by giving her half my paycheck. Everything i've worked hard for out the window.I know each case is different, but is it really possible I will be stripped of all?
Hi, thank you for your question. A split of assets and maintenance payments is based on the circumstances and needs of both parties. To fully assist you please confirm:-How old the children are and what are the arrangements for them (ie. how many nights on average do they stay over each week)?-How old you both are?-What your respective incomes are?-What assets and liabilities you both have (with values)?
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Customer: replied 1 year ago.
Children are 3 and 7 and one on the way, and one on the way.She earns nothing as she is a stay at home mom. (she refuses to work). I earn 175kShe will not let children stay over night, (as she knows this increases her childcare payments, i have applied for custody arrangements in court, case pending).I am 36 and her 39Assets are all pension, 600k.
Thanks for confirming. You are correct in that if the children stay overnight with you, then this would impact child maintenance payments. However, as part of a divorce settlement, she would be entitled to make a claim towards matrimonial assets as well as spousal maintenance. The court's starting point is a 50-50 split of matrimonial assets and for this to be departed from based on needs and other criteria listed below. In terms of spousal maintenance, this should be only in relation to her reasonable needs which you would be able to scrutinise this and request that she makes all efforts to maximise her income and earning potential. The criteria that the court considers in division of assets and financial settlements arising out of divorce is:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
Excellent answer Harris thank you.My main concern is for my current pay check .. how can I live a normal life if she takes half my pay check? what motivation do i have to continue to work if someone from a short marriage takes half your earnings? She clearly has no intention of working or maximizing her own earning capabilities.I feel as if a leech has attached itself to me.
It will not necessarily be "half" your income that she will be entitled to but she would be entitled to quite a bit calculated from your gross salary just in relation to child maintenance. Spousal maintenance is more complicated and should only be in relation to her reasonable needs and courts tend to not grant spousal maintenance orders lifelong.