Divorce vs legal separation

UpstateNYUPSer(Ret)

Well-Known Member
Here in NY child support is 17% for the first child, 25% for the second, 29% for the third, 31% for the 4th up to a maximum of 35% for 5 or more children.

You will be required to keep the kids on the insurance until they turn 26 (Obamacare).

You may be directed to share other expenses as dictated by the court.

The house is clearly yours as you brought it in to the marriage.

You will lose 2% of your pension for each of the years that you and your wife were married while your worked at UPS.

You will lose 1/2 of your 401k as of the date of the divorce.

Division of marital assets/debts will be decided by the court unless you and your wife can work this out beforehand and both attorneys and the court approve.

It is much easier for all involved if you and your wife can work out an equitable settlement before sitting down with the attorneys.
 

UPSGUY72

Well-Known Member
Here in NY child support is 17% for the first child, 25% for the second, 29% for the third, 31% for the 4th up to a maximum of 35% for 5 or more children.

In Mass based on what I made last year dived by 52 I would owe $345 a week for 2 kids.

You will be required to keep the kids on the insurance until they turn 26 (Obamacare).

Since it free It not and issue.

You may be directed to share other expenses as dictated by the court.

That's a given.

The house is clearly yours as you brought it in to the marriage.

I agree. She is trying to me to put her on the deed by saying it's easier for her to get a mortgage I told her that's happening. She must think I'm and idiot.

You will lose 2% of your pension for each of the years that you and your wife were married while your worked at UPS.

In mass she get half of what ever is vest while you where married if that is the agreement you both agreed to.

You will lose 1/2 of your 401k as of the date of the divorce.

She would lose half her too.

Division of marital assets/debts will be decided by the court unless you and your wife can work this out beforehand and both attorneys and the court approve.

Correct

It is much easier for all involved if you and your wife can work out an equitable settlement before sitting down with the attorneys.

Exactly. How ever if the judge figure things out I'll make out better than she thinks.
 
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UpstateNYUPSer(Ret)

Well-Known Member

If she also has a 401k it may turn out to be a wash with neither of you having to give half to the other.

When we were separated we agreed on $250/week for our 2 kids. In the divorce that was lowered to $214/week.

Our daughter went to private school and I was ordered to pay my fair share for that.

Putting your wife on the deed at this point would be foolish.
 

UPSGUY72

Well-Known Member
If she also has a 401k it may turn out to be a wash with neither of you having to give half to the other.

When we were separated we agreed on $250/week for our 2 kids. In the divorce that was lowered to $214/week.

Our daughter went to private school and I was ordered to pay my fair share for that.

Putting your wife on the deed at this point would be foolish.

She isn't going on the deed I'm no idiot. Her lawyer probably told her she has no right to the house since she isn't on the deed and I brought before we got married and since there is no marital equity in it she isn't entitle to even that. He also probably told her if she was on the deed she have rights to half of it.

She would be allowed to live in the house till the kids turned 18 but would have to pay me the mortgage payment to do so. She would also be responsible for the up keep.
 

UpstateNYUPSer(Ret)

Well-Known Member
She isn't going on the deed I'm no idiot. Her lawyer probably told her she has no right to the house since she isn't on the deed and I brought before we got married and since there is no marital equity in it she isn't entitle to even that. He also probably told her if she was on the deed she have rights to half of it.

She would be allowed to live in the house till the kids turned 18 but would have to pay me the mortgage payment to do so. She would also be responsible for the up keep.

Is there the possibility of her staying in the house and agreeing to reduced child support in lieu of having to pay your mortgage?
 

UPSGUY72

Well-Known Member
Is there the possibility of her staying in the house and agreeing to reduced child support in lieu of having to pay your mortgage?

No child support doesn't work that way in Ma it is what it is I pay her child support and she would have pay the mortgage or pay me the pay the mortgage. Either way she wouldn't be making out on that deal.
 

Package_Donkey14

milk was a bad choice
I know there is a difference between divorse and legal seperation. I've been told to anticipate being ordered to pay for 1 years of health insurance for her. Was just wondering if agreeing to a legal seperation instead of a divorse would save me from paying for that coverage.
 

UPSGUY72

Well-Known Member
I know there is a difference between divorse and legal seperation. I've been told to anticipate being ordered to pay for 1 years of health insurance for her. Was just wondering if agreeing to a legal seperation instead of a divorse would save me from paying for that coverage.

It all depends on what you two can agree to.

However I'd Google you state laws on that subject and read up and educate yourself on it.
 

UPSGUY72

Well-Known Member
And how do I get hooked up with a teamsters attorney?

If you two can work things out yourself you shouldn't need a attorney since there are not kids things shouldn't be that difficult. Again go to the probate website in your area and read how to file for a divorce. One person can file or you both can file together.
 
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