Legal Question in Family Law in New Jersey
Mediation for alimony - is this a fair offer?
My sister is going through mediation of her divorce, and has just received an offer from her soon-to-be ex-husband.
Key facts:
-Married for 6 years, though living together for 8
- 1 3-year old daughter
- He admitted infidelity (left her for secretary at office)
-His salary: $328k (after tax) in 2005 (when they split), and $500k in 2006. Her salary was 0, but she has now found a job, paying 55k USD before tax.
He has offered $4,000 child support (tax free) + $4,000 spousal (taxable) for 2 years.
He says he is using ''the guidance'' that states that total spousal and child support should total about 1/3 of his pre-divorce income.
Does this rule of thumb sound fair? (I know it is not based in law.) What range of % of income does seem fair? (I assume 1/2 to 2/3, since she has custody of their child)
Thanks for your help,
2 Answers from Attorneys
Re: Mediation for alimony - is this a fair offer?
A six year marriage does not entitle one to permanent spousal support. She is entitled to rehabilitive support on a limited basis. If the offer is $4,000.00 per month child support and $4,000.00 per month spousal support for two years that is a substantial offer.
Child support is based on CURRENT income levels and goes up as a parent's income goes up. An income of
$4,420.00 per week requires child support for one child of $512.00 per week. The child support offer seems to be within the likely child support range for his current income if he is offering $4,000.00 per month.
Spousal support is supposed to be that which is sufficient for one to live on the same level as during the marriage. The judge usually asks what
the breadwinner's earning level is NOW. I would think the spousal support should either be for three years or $60,000.00 to $70,000.00 per year for two years. $70000.00 and $40,000 equal $110,000.00 which is one
third of what he earns now which is probably what it would take for her to maintain her current standard of living while she gets herself together.
On the other hand, a substantial offer is being made without substantial attorney's fees and what a judge might do is never TOTALLy predictable.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Mediation for alimony - is this a fair offer?
I don't see it as a great deal. I think she can do way better. I had a client making about that amount that paid $60,000 a year in child support. While she is getting an ok deal, she should really think about getting an attorney to do much better.
My initial consultations are always free, so call me at 732/247/3340 to discuss the case.
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