I have a male friend who is going through a divorce right now. He and his wife were going to use the same lawyer, but after a few rifts, she decided to get her on. She agreed on a lump sum of $60,000, alimony/child support of $1,800 a month, and the house to settle out of court. He seems to think this is fair and doesn't want to take it to court. What do you all think? Should he fight it?
2007-08-10 06:35:37 · 14 answers · asked by msbritesid3 1 in Family & Relationships ➔ Marriage & Divorce
Details:
-State of South Carolina
-She earns around $30,000 a year
-He averages $95,000 a year
-She will have primary custody of the one child
2007-08-10 06:50:04 · update #1
By the way--if he has asked ME for my advice, it would make it my business. Thanks.
2007-08-10 06:57:24 · update #2
He should think very hard about the future. I would not want to agree to alimony. Child support lasts until the children are grown. Alimony can be forever! She works, why should she get alimony? He should consider more money for the CS or agree to some college education costs.The home has to be settled at the same time. My husband gave away the home in his first marriage which he thought was the right thing to do for his children. Big Mistake! She told out HE lines on it and probably will not be able to afford to stay there when CS stops so the kids will wind up with nothing. Had he kept his name on it, she could not have done that.
2007-08-10 09:17:42 · answer #1 · answered by Stepmomof2 2 · 0⤊ 0⤋
Not enough information to answer. How much does each of them earn? What are their future earning prospects? States of health? How many children, what ages, any child health or other issues? Lump sum payable to her? She gets the house? Is the alimony open-ended or limited? How much is child support? How much is the house worth and how much equity is in it? Mortgages or loans on the house? What happens to those? Other debts from the marriage? What happens to them?
Is the area the house is in one that has escaped the great real estate bust?
Evaluating proposed divorce settlements is a whole new service, which may be worth exploring. It's not cheap, but not overly expensive, either.
2007-08-10 06:46:36 · answer #2 · answered by thylawyer 7 · 0⤊ 0⤋
Is he ok with her having primary custody? that would be my issue. I would want joint. and I'm also a little confused about the point of the $60,000. what is the reaon for that if she's getting custody, the house and alimony/childsupport. Don't get my wrong If he's ok with all of this than that's fine I just wonder why he's ok with this. If it were me I would be able to agree on all of these thing with the exception of the custody.
2007-08-10 10:48:09 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Fair is 50/50. However that means what was acquired in the marriage.
The 1,800 a month sounds kind of high. but this depends on his income, if he will need to live in a tent to pay, then this is not fair at all.
2007-08-10 06:46:12 · answer #4 · answered by DJ 3 · 0⤊ 0⤋
It depends on what he is getting out of it as well. If he thinks this is fair, then he should go ahead and sign them and be done with it. The more he fights, the more money it will cost and the more emotional and stressful it will be. Also, he will be stringing it along while putting the kids through a long divorce when it could have been over. I think if he is comfortable with this agreement, then he should take it now before she starts to want more.
2007-08-10 06:40:11 · answer #5 · answered by Anonymous · 0⤊ 2⤋
New Nana is right, there is nothing ever fair about divorce...but a friend you dont want to see them get taken to the cleaners..
Having been divorced myself, the only advice i give to all my friends is get a good lawyer and fight. Being nice wont win anywaone back and you'll be left with regret.
2007-08-10 06:41:36 · answer #6 · answered by James B 3 · 0⤊ 0⤋
Well if she is getting primary custody of their kids it would be very generous of him to make the divorce as amicable as possible and to let her have the house and such for the kids to stay in. He needs to look out for himself but alwasy put the best interest of the kids first. If that is where his heart is (with his kids) then he is doing the right thing. If he is just a doormat then he should look out for himself.
2007-08-10 06:42:57 · answer #7 · answered by az 5 · 0⤊ 0⤋
The length of the marriage is needed to determine if this is a good deal or not. However, in the long run he may be trying to keep the peace because of the child.
2007-08-10 08:47:36 · answer #8 · answered by snack_daddy10 6 · 0⤊ 0⤋
There are a lot of unknowns to this. What state do they live in? How many kids do they have? How much does each one make? How much equity is built up in their investments/house/savings? All this plays a part in deciding what's fair.
2007-08-10 06:40:12 · answer #9 · answered by Anonymous · 1⤊ 0⤋
this is his decision to make personally. His income, future income, all sorts of things play a factor into the choice. The little information given is not enough to be able to say, yes it makes sense or no it doesn't....
what is he doing about custody? that should be his main focus over money & you didn't say anything about that.
2007-08-10 06:40:56 · answer #10 · answered by allrightythen 7 · 0⤊ 1⤋