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Divorce settlement question - w/ kids 18+

2,307 Views | 12 Replies | Last: 5 yr ago by AustinAg13
TxAger
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nm
Keeper of The Spirits
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AG
Maybe I am wrong but I wouldn't think you have any legal responsibility to someone over the age of 18. That would be my position to start. You would take care of them as you see fit
OregonAggie
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Expect to pay some form of spousal support for a number of years since you were married for more than 10 years. This has nothing to do with the kids and everything to do with the length of time you were married.

As far as supporting the kids, I don't know much about that. I do know that whatever you agree to and put in writing will be your guidelines and it certainly could get messy if you guys can't work it out on your own. Her lawyer is going to want to fight. They make more money that way.

I think the spousal support is something you're gonna have to wrap your head around and accept. Your lawyer will probably tell you that.

My suggestion is to work out as much as you can without your lawyers if you think you can amicably do it. Have you talked to your wife about expectations? Are y'all on the same page for the most part?
expresswrittenconsent
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Is that a thing in Texas (spousal support)? Not doubting you, you just dont hear about it much.
OregonAggie
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expresswrittenconsent said:

Is that a thing in Texas (spousal support)? Not doubting you, you just dont hear about it much.



It is. 10 years of marriage is a flash point that gets factored in. I got divorced a few years ago and had to pay spousal support of a certain dollar amount, paid out over 3 years. It had nothing to do with the kids and everything to do with me having to support my ex wife since my income was much higher than hers. Good news is that it has tax benefits if your paying it.

It's basically alimony but Texas doesn't call it that.
expresswrittenconsent
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Wow thx. So 10 yrs is the magic amount of time? Was there a formula to the support owed similar to child support, or were they just trying to "match" each persons income. Obviously not asking for personal details, just curious since op mentioned a 2/1 salary difference.

To OP, good luck. On the question of adult children expenses, I would agree with the poster that said to push for none of that in the divorce since they are adults. Even if you 100% plan to pay for 4yrs of college and healthcare, I would not want a legal decree on the books to enforce it. If you were still married, there could absolutely be a life changing situation in 2 or 3 years where you would not want to, or could not be able to pay for college.
ByrdEWhiteTrash
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OregonAggie said:

expresswrittenconsent said:

Is that a thing in Texas (spousal support)? Not doubting you, you just dont hear about it much.



It is. 10 years of marriage is a flash point that gets factored in. I got divorced a few years ago and had to pay spousal support of a certain dollar amount, paid out over 3 years. It had nothing to do with the kids and everything to do with me having to support my ex wife since my income was much higher than hers. Good news is that it has tax benefits if your paying it.

It's basically alimony but Texas doesn't call it that.
You can deduct paying alimony and spouse has to pick it up as income only for divorce agreements prior to 12/31/18. After that, its not a deduction. OP you are on the clock.
OregonAggie
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expresswrittenconsent said:

Wow thx. So 10 yrs is the magic amount of time? Was there a formula to the support owed similar to child support, or were they just trying to "match" each persons income. Obviously not asking for personal details, just curious since op mentioned a 2/1 salary difference.

To OP, good luck. On the question of adult children expenses, I would agree with the poster that said to push for none of that in the divorce since they are adults. Even if you 100% plan to pay for 4yrs of college and healthcare, I would not want a legal decree on the books to enforce it. If you were still married, there could absolutely be a life changing situation in 2 or 3 years where you would not want to, or could not be able to pay for college.


I don't remember how they calculated it honestly. Wish I could be more helpful!
Keeper of The Spirits
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AG
That would tempt me to "follow my dream" and leave the corporate world for something with a low or not guaranteed salary, might even just travel and take off jobs that just paid for the travel. I understand that she may have stepped out of the workforce for a time to help raise kid but that number could be mathematically derived. Sorry to derail
TxAger
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trouble
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It's not mandatory like child support is though. I declined it because I didn't want his money.

As said above, y'all should work out who is paying what in the way of kid's expenses and for how long. An actual date not something like until they graduate college. Make it until they are xx years or graduate college whichever comes first.

My ex and I just discussed things once my son turned 18 and child support stopped. We were each responsible for specific expenses.

Good luck. Even an easy divorce isn't easy.
Martin Cash
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trouble said:

It's not mandatory like child support is though. I declined it because I didn't want his money.

As said above, y'all should work out who is paying what in the way of kid's expenses and for how long. An actual date not something like until they graduate college. Make it until they are xx years or graduate college whichever comes first.

My ex and I just discussed things once my son turned 18 and child support stopped. We were each responsible for specific expenses.

Good luck. Even an easy divorce isn't easy.
Whatever you do with expenses for grown kids is contractual between the two of you. The court has no authority to force either of you to pay any expenses for kids over 18 and out of high school.
trouble
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I never said it did.
AustinAg13
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The firm I work with handles Divorce cases and we are very well known within the community. Feel free to give me a call (512) 598-0010 and I will get you connected to an attorney and some free legal advice. I manage the operations and have enough legal background to answer but best said by an attorney...too much bad info out there!

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