I am divorcing my husband and haved separated after 9 yrs. Of marriage. I am on SSDI because of MS. In addition, we have 3 young children ages 3, 5 and 7. Our 7 year old is severely mentally disabled and moderately physically disabled. I've been out of work, suffer from fatigue but am still able to care for the kids. My husband has a great job making $150K base plus commission. He wants to propose giving me spousal support of $75K. This is great but he only wants to pay that for 4 yrs. I asked him to py until I get remarried. I live in the state of Wasington. Is this right for me to ask him to pay until I get remarried?

Something is amiss. Did he also figure in for child support too? Because that figure doesn't sound right. As far as until married that normally is reserved for relationships of 10 years or more. So you might get spousal for 9 years plus medical for the kids and extended child support for your disabled child (special circumstance). Have you talked to a lawyer yet ?

He did include the child support in that figure. He didn't separate the two. We were trying for a collaborative divorce. We were separated 1 1/2 yrs. Ago. We had our 10 yr. anniversary last July but obviously we didn't celebrate it.

You need to talk to an attorney, most likely just the child support will be 25 to 30 percent of his total income, including the commission, before you get any spousal support, and the child support must go till the child is at least 18. He can't do child support for just four years, in fact the support for the disabled child may go on much longer.

He is not even close to being paid properly

Thanks for your advice. My husbnad is a high school drop out and I helped him get his career off the ground. I have my MBA and knew people that gave him his first job opportunity in the white collar world. Since then, he has done very well for himself and is expected to make anywhere between 200-300K. Unfortunately, I was the one to get diagnosed with MS and haven't been able to work but it is a full-time job looking after the kids especially the disabled one. Although he's successful, I don't trust his 9th grade math skills. I will talk to an attorney. Looks like the collaborative divorce won't happen.

Depending on the lawyer in WA state you could get a whole lot more. I once worked with a fella who's ex wife took him for 56% of his gross. Of course he finally wised up and went back to Europe where she could not touch his earnings. So taking too much could kill the golden goose.

Not looking for more than to live comfortably in a rented house close to the kids school.

Califdadof3 disagrees : By federal law its illegal to take more the 50% in support payments. Another thing is that what your friend did was illegal. And someday very bad things will happen to him no matter where he is through the courts.

Is that so? Then why did a judge and unscrupulous lawyer to it? I really would be interested to know when the federal government gets into a states issues?

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Originally Posted by 450donn

califdadof3 disagrees : By federal law its illegal to take more the 50% in support payments. Another thing is that what your friend did was illegal. And someday very bad things will happen to him no matter where he is through the courts.

Is that so? Then why did a judge and unscrupulous lawyer to it?? I really would be interested to know when the federal government gets into a states issues?

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Is there a limit to the amount of money that can be taken from my paycheck for child support?

The amount that can be withheld from an employee's wages is limited by the Federal Consumer Credit Protection Act (FCCPA) to 50 percent of disposable income if an obligated parent has a second family and 60 percent if there is no second family. These limits are each increased by 5 percent (to 55% and 65%) if payments are in arrears for a period equal to 12 weeks or more. State law may further limit the amount that can be taken from a wage earner's paycheck.

Ref:
FCIC: Handbook on Child Support Enforcement


Its been in place for quite awhile just because of the abuses that was going on by local DA's and in some states. There are lots of federal laws affecting not only child support but who can do what when concerning courts and child issues.