Same deal I've got. Kiddo is thriving and it's worth the check for a couple more years
Who wrote the marital rights laws in Iowa?
- Thread starter deadeyededric
- Start date
It kind of is if he used more of his salary towards the mortgage/bills while she just dumped hers into the 401k. That's why it's hard to treat money/assets separately in a marriage/divorce scenario.
Anyone who buys something with someone on the loan and allows them to not have to pay deserves to lose everything. 50/50. If he bought the house he keeps it, she can keep her 401k. This isn't hard.
What kind of sick human being makes you pay child support when you have the kids?
People who sit in courtrooms while observing antiquated gender roles.
It really is. Ive heard if this happening to many people. Cant think of one ******* time where it was the man receiving the child support.
If they were married when he bought it she signed the mortgage. I did the same thing. She bought me out of the house my dad and I built and I bought one on my own but she still had to sign the mortgage. We both have about 70% equity so really wasn’t worried about losing either. But as part of the divorce we both signed releases. Aka quit claim deeds.
Frankly, I'd rather her have the money than the lawyers.
Just because we're divorced doesn't automatically mean that I hate her, it just means we didn't work together.
I know a situation. A friend of mine in Kenosha has to pay her ex husband child support
That's not really how child support works. It's based on salary difference and who has custody. My ex-wife pays me child support. I get around $100 a month from her. I didn't even want it because we made close to the same salary, she just made a little more. My attorney said judges typically won't let you waive it because it's for the benefit of the child so I just let it sit in an account until it accumulates some and then give it back to her every now and then.
The amount of child support never changes even if the situation changes. So if someone gets a new job or someone takes the kid full time then the child support payment stays the same unless you go back to court to get it changed. Most people don't think it's worth the hassle, or if the spouse isn't cooperating it can be a pain. I'm sure that's how people end up keeping their kids most of the time and still pay child support.
Funniest post since I was with my girlfriend Saturday night at Blazing Saddles and the bar tender gave me a shot and said the guy down the way bought me a drink. Normally I look up and it's a friend I know that I didn't notice was at the bar. Not Saturday, some dude bought me a drink. I looked at my girlfriend and said "I could get used to this being gay stuff, the problem is the sex". I am not down with that. Scoring a free drink rules though.
This is exactly how it happens although I believe the child support can be changed through the child support office and signed by a judge without going through the whole process again. It just takes a little bit of paperwork and the voluntary signatures of both parties. In my case it wouldn't be voluntary, so I'd have to get the custody agreement changed and go through the whole process of mediation, discovery and trial to get anything changed even though he's basically living with me full time. The potential cost for a full trial is around what I'm paying in child support over the next 4 years.
When I was in Illinois they actually sent a letter notifying the parties if there was a significant change in salary by one or both parents. At least in Iowa they deduct the cost of health coverage from the total owed. In Illinois, that was in addition to the 20% of net income or whatever it was.
From experience a Texas divorce is smooth
If she has some working skills then it gets tough to claim alimony. I said this weird list of mandatory things and out the door.
1. The cooling off period is ridiculous. If you're at the point of serving papers then a cooling off period is just keeping people from moving forward
2. If these politicians must have a cooling off period then put a 180 day cooling off period on getting married. Think that **** through
3. Never look for anything fair in divorce proceedings
Then date better people. Because the best revenge is being with someone better than the ex.
If she has some working skills then it gets tough to claim alimony. I said this weird list of mandatory things and out the door.
1. The cooling off period is ridiculous. If you're at the point of serving papers then a cooling off period is just keeping people from moving forward
2. If these politicians must have a cooling off period then put a 180 day cooling off period on getting married. Think that **** through
3. Never look for anything fair in divorce proceedings
Then date better people. Because the best revenge is being with someone better than the ex.
You gotta be rich to do that. Wanna hook a brother up Daddy Warbucks? lol
The OP's friend just has to bite the bullet and get divorced. Rip off the bandaid. Otherwise, this kind of stuff is just going to keep happening to him over and over in different contexts for the rest of his life.
1. Friend owns real estate where title is held in his name solely and needs to sell? Well, wife has to sign the deed to convey over her marital rights (her equitable rights even though he has legal title) for title defect purposes. Guess how annoying that will be when he's signed the purchase agreement and is 7 days away from closing? Wife may try to exact something out of him in that moment for her signature.
2. Friend dies owning property with a Will leaving it to some kids or other third parties (say new girlfriend)? Sorry, wife has an "elective share" right to take against the Will and is obligated to receive notice of probate (or non-probate for that matter) proceedings so she can decide whether to exercise her rights to mess up his estate plan and take some of his assets.
3. Friend wants to change beneficiary designations on his 401(k) account from an employer-sponsored plan and name his children now the beneficiaries instead of estranged wife? Sorry, wife has to sign a spousal consent waiver first before the change is effective.
4. I can go on and on with all the potential problems for friend that can arise that wouldn't arise if he was single.
Count me in the camp that thinks the buddy made a horrible decision to buy real estate during marriage with an estranged spouse unless he wanted spouse to also be involved, have rights to the property, etc. Family law and property rights law in Iowa is fairly settled law and doesn't change much. Buddy just needs to make better decisions and get a divorce (or legal separation, I suppose, but if you're going to put in that much time and effort into legal proceedings might as well sever all ties) so that he can move on with his life.
1. Friend owns real estate where title is held in his name solely and needs to sell? Well, wife has to sign the deed to convey over her marital rights (her equitable rights even though he has legal title) for title defect purposes. Guess how annoying that will be when he's signed the purchase agreement and is 7 days away from closing? Wife may try to exact something out of him in that moment for her signature.
2. Friend dies owning property with a Will leaving it to some kids or other third parties (say new girlfriend)? Sorry, wife has an "elective share" right to take against the Will and is obligated to receive notice of probate (or non-probate for that matter) proceedings so she can decide whether to exercise her rights to mess up his estate plan and take some of his assets.
3. Friend wants to change beneficiary designations on his 401(k) account from an employer-sponsored plan and name his children now the beneficiaries instead of estranged wife? Sorry, wife has to sign a spousal consent waiver first before the change is effective.
4. I can go on and on with all the potential problems for friend that can arise that wouldn't arise if he was single.
Count me in the camp that thinks the buddy made a horrible decision to buy real estate during marriage with an estranged spouse unless he wanted spouse to also be involved, have rights to the property, etc. Family law and property rights law in Iowa is fairly settled law and doesn't change much. Buddy just needs to make better decisions and get a divorce (or legal separation, I suppose, but if you're going to put in that much time and effort into legal proceedings might as well sever all ties) so that he can move on with his life.
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