Legal Question in Family Law in Washington

child support and spousal support

I dont work im in the middle of a disability lawsuit my husband grossed in 80.000 this yr makes over thirty dollors an hour how much woul he have to pay in child support. I have not worked in 7 years and have no means at this time to support the children in any way. My disability lawsuit will be in frot of a judge in another year if im lucky told it takes up to 18 months to see judge, I do have a lawyer because of denial. He says he will pay me 2,000 dollars a month and that is beign generous until the car is paid off then he told me he would lower the payments he gives me. He is also a union member and has a pension comming to him. We want to do this the easy way but i also need to know if i am getting screwed on the deal.We would like to make this as easy as possible with our children and not end up a big battle over money and what is fair to him and myself


Asked on 1/16/09, 5:43 am

2 Answers from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: child support and spousal support

This forum is useful at times for limited sorts of questions, but the question you pose, which as I understand is, what's a fair outcome, is far too complicated to be answered in the space allotted to you and the responding lawyers who operate on this site.

The best I can tell you is that child support will be determined based upon a set formula in the Washington State Child Support Schedule Worksheets. Where your total gross income exceeds $7,000 per month, as it does in your case, the Court may go by an "advisory" figure. A huge issue is the extent of your disability and whether it is a total disability or partial. (I am not a disability attorney, but in the family law realm, that is a key issue when it comes time to determine support.)

Another factor will be the length of your marriage. That goes to spousal maintenance, if any. As for the retirements and pensions, etc., in general, you are entitled to one half the value of that which was earned during the marriage and up to the date of separation.

Your last request to make this as easy as possible and not wind up in a big battle over money is where most folks start. The problem usually comes down to one side's idea of reasonable offer versus the other's sometimes is wildly different and then we end up in that horror show that can be family law litigation.

You need to be prepared for the worst but work toward the least conflict situation. Usually people can agree on a large chunk of things, but it always seems to be that last 5% that generates 90% of the legal fees, emotional pain, and general turmoil. Be wary of that last 5%. Often I have people say it's, "a matter of principle that I pursue this." I always say that's fine, just expect to pay the emotional and financial toll of that principle.

My last piece of advice to you in your situation is that you really need to get a lawyer to handle this. At least consult with someone for an hour. It'll be the best bank for your buck you can hope to get in terms of at least going through some details and getting an idea of what to expect as you go ahead.

Best of luck!

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Answered on 1/16/09, 2:03 pm
Christopher Steuart IT Forensics, Inc.

Re: child support and spousal support

This is too complex a question to give a serious answer to within the structure available here.

I can say generally about child support, that is is calculated using a formula and table, and in some cases income in imputed to a party who is not working voluntarily. Disability would affect the voluntary part of this equation.

The length of the marriage as well as your (both of your) current incomes and prospects, and how debts and property were distributed would affect the length and amount of spousal maintenance that a court would set; the determination of spousal maintenance involves more discretion than setting child support.

You have expressed a noble sentiment in wanting a reasonable resolution. The challenge comes when to one side's idea of reasonable confronts the other side's idea of reasonable.

To get a complete answer to your questions, you need to get a lawyer to assist you with this, even if only to consult-review the facts of your situation and give you some estimated ranges of likely outcomes.

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Answered on 1/17/09, 2:47 am


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