not enough disposable income to pay alimoni

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not enough disposable income to pay alimoni

Unread postby Vali » Tue Oct 31, 2017 8:51 pm

I have a question about the following.

during a hearing for temporary orders, Court awarded my spouse an alimony of $2350 plus child support of $620 (my kids 13 and 9). for the sake of calculation the judge took my income of about $80k a year. My wife has only worked part time as a server, if she works full time she is cable of making about 3000 a month.after taxes, paying back loan on 401K, premiums for health I am left with about $900 a week. Now I realized that i'm only left with about 200 a week for myself. I calculated that I pay about 80% of my disposable income as alimoni and child support. I did not appeal that decision withing 10 days. this temporary order is reviewable after 90 day. What do I do? What are the chances that it would be modified to enable me to support myself. Judge new that I was moving to a different state and have kids only a few times a year (maybe that is why she decided to punish me). I am moving back ( I realized that I can not be apart from my children). Trial is set for the end of march. if I pay what court is ordered I'll be broke by the end of december.
Thank you for your reply.
Let me know if I need to provide any more information.
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Re: not enough disposable income to pay alimoni

Unread postby BartSimpson » Tue Oct 31, 2017 8:53 pm

Simple - move back into the house.
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Re: not enough disposable income to pay alimoni

Unread postby Vali » Tue Oct 31, 2017 8:58 pm

I can not

She has a protection order.
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Re: not enough disposable income to pay alimoni

Unread postby LovingDadof2 » Wed Nov 01, 2017 6:42 am

Vali wrote:I am moving back ( I realized that I can not be apart from my children).

OP, what state?

Good job realizing you need to be in your children's lives and deciding to move back!

Not sure about the short-term, but being local will enable you to have more overnights with children and hence reduce your child support obligations. I highly stress you work with your STBX and get more parenting time (overnights) with your children ASAP after you move back. When do you expect to move back? March is only 4 months away. Do it ASAP to get a record established. Otherwise you are establishing status quo, telling the courts you accept the limited time with your kids, and making it too easy for court to convert your temporary parenting time schedule to a permanent schedule.

Volunteer, be nice, offer to take the kids so she can have a day off... do whatever it takes to get more time with them. It is in both your and their best interests.
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Re: not enough disposable income to pay alimoni

Unread postby Vali » Wed Nov 01, 2017 12:09 pm

Thank you for your reply, lovingdadof2.
It's Washington state. Im moving back this week. Will probably get a place by mid November. I can start having kids overnight then, if STBX will allow. She is trying everything she can to turn kids against me. Right now I can only visit with them a few hours 2 time a week. That's is why I want to know what are my chances to get review of temporary orders modified to allow me support myself and have kids for at least 2.5 days a week.
Thank you.
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Re: not enough disposable income to pay alimoni

Unread postby nr552 » Wed Nov 01, 2017 12:43 pm

..." paying back loan on 401K".... you're still married, right? You took that 401k loan while married right? -- that's a joint debt that both of you are responsible for. Is she paying half of that?
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Re: not enough disposable income to pay alimoni

Unread postby Tom Kirkpatrick » Wed Nov 01, 2017 1:11 pm

Vali wrote:It's Washington state.
Which county??

Vali wrote:.....if STBX will allow......Right now I can only visit with them a few hours 2 time a week.
Need specific detail. Is this your temporary parenting plan??

Q: Was your temporary order settled out of court??.....or was it ordered by the judge??

How old are your kids?? Do you have an attorney??

Vali wrote:Judge new that I was moving to a different state and have kids only a few times a year (maybe that is why she decided to punish me).
Punish you?? Please explain.
Is this something of a "long-distance parenting plan??"

Vali wrote:She has a protection order.
Is it temporary??.....or permanent??
Did you fight her phony allegations in court??

Vali wrote:.....what are my chances to get review of temporary orders modified.....
Unless you have a well-orchestrated game plan, temporary orders usually become permanent at trial.

Here's the deal: You must show (by preponderance) that a significant change in circumstance has occurred since the last order was written AND that the change you propose is in the best interest of the children.
Do you have an attorney??
Does your STBX have a job??

My 2¢ - From the gist of your first post, it sounds to me like she got everything a girl could want.....and much, much, more. How did this happen?? Did you settle out of court??

Tom
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Re: not enough disposable income to pay alimoni

Unread postby Vali » Wed Nov 01, 2017 3:54 pm

Snohomish county. she is not paying any of the portion of 401 back. i'm paying medical insurance for all her including. DVPO was dismissed by the judge, but as a part of a family law i can not enter her residence. temporary order for parenting plan was with the assamption that I moved across the country to the east coast. visitations 3 times a year and contacts via telephone, text and scype. the entire temporary order was decided by the judge. I have an attorney, my move, transfer back to my old job was approved a few days ago. I emailed my attorney about that yesterday. I have not sit down with him to develop a new plan. Kids are 9 and 13. She works part time as a server in the restaurant. She has not make an attempt to work full time. judge imputed her income at $16 and hour, even though her recent paychecks show that she averages $20 an hour. She did get everything she wanted. my first attorney was not the greatest. a month after a hearing for temporary orders I realized that I got the short end of the stick and my attorney did not do her job, in my view of course. I hope that going back will help me to get more time with kids and lower the alimoni.
I will take any advice how to create a "well-orchestrated game plan".
Thank you
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Re: not enough disposable income to pay alimoni

Unread postby Vali » Wed Nov 01, 2017 3:57 pm

I also do not get how judge could rule that I pay almost 80% of my disposable income as alimoni and child support.
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Re: not enough disposable income to pay alimoni

Unread postby afc » Wed Nov 01, 2017 3:57 pm

Why'd you move in the first place? Job?
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