Marriage and the Power of Divorce

  • Guest, it's time once again for the massively important and exciting FoH Asshat Tournament!



    Go here and give us your nominations!
    Who's been the biggest Asshat in the last year? Give us your worst ones!

Tarrant

<Prior Amod>
15,801
9,212
Who said anything about you Dumar? I gave a general warning and plus we all know where the alpha talk takes us. Stop being a beta and take that stuff right back out of this thread.
wink.png
 

Leadsalad

Cis-XYite-Nationalist
6,151
12,650
Who said anything about you Dumar? I gave a general warning and plus we all know where the alpha talk takes us. Stop being a beta and take that stuff right back out of this thread.
wink.png
Hard to be alpha in someone else's constructed reality limited to their rules, trainmaster.
 

Jysin

Ahn'Qiraj Raider
6,458
4,345
Agree in general, except for the child support situation. I don't think he's "dumb", but I do think he was too nice for his own good or too naive thinking the legal system follows common sense if she decides to cash in later (not always the case). Also, if she told him to pay under the table to artificially deflate her income and get benefits, wouldn't that make him potentially complicit in fraud?

His situation is different than mine, but I would be very uncomfortable with that arrangement.
Very late reply, but Child Support is not taxable income anyway.

*edit* I see this was mostly covered. But also keep in mind, you do not need a standing court order to pay child support. Nor does it have anything to do with divorce. Completely separate issues. Plenty of people (myself included) have never been married, yet pay child support without the court arranged order.

The big thing in this case is to trackeverything. She can agree to no child support at the time of your divorce, but the law states she is always entitled to that money. She can get all bitter years down the road and go back for backdated child support. You need to provide the proof you have been paying all this time.
 

Tarrant

<Prior Amod>
15,801
9,212
It doesn't matter. Even with proof you will still be on the hook for whatever the state calculates what you should have been paying and they won't take into account any money you've already given her. That's why it's dumb to do so through any means other than the courts.
 

khalid

Unelected Mod
14,071
6,775
While I think Onoes is being all kinds of dumb in this, would the court really reject all evidence of payments like that at all? Seems pretty crazy.
 

Tarrant

<Prior Amod>
15,801
9,212
While I think Onoes is being all kinds of dumb in this, would the court really reject all evidence of payments like that at all? Seems pretty crazy.
Yes. And yes, it is. Which is why it's dumb to go about it any other way.

And yes, I speak from experience. My own and many others that I know.
 

Onoes

Trakanon Raider
1,460
1,225
Totally depends on the judge. They can sure, but I don't suspect that's likely.

Just left 29, had a fantastic 2 straight days with her, grabbing food now and getting on the road. Nothing to really report except everything went really well.
 

chaos

Buzzfeed Editor
17,324
4,839
It sounds insane that a court would reject all of that evidence. I'm sure it could happen, probably a state by state thing, but insane still.
 

opiate82

Bronze Squire
3,078
5
He can prove he was making payments to her, but as to the purpose of those payments the check memo means nothing and it is really just he-said-she-said. Whenever one of my roommates wrote me a check for his share of the rent he'd put "For hot man-on-man sex" in the check memo, that didn't make me guilty of prostitution.

Unless there is some specific law in his state (AZ?) that says otherwise, nothing short of a written agreement that is presented to and approved by a judge will count as child support.

Child Support by Agreement - FindLaw

Whether the parties resolve a child support dispute out-of-court through informal negotiation or ADR, the ideal result is a written document which finalizes what was agreed upon. This agreement is usually shown to a judge for final approval, to ensure that what the parents have agreed to also complies with state guidelines on child support. An informal court hearing may follow, during which the judge will ask some basic factual questions to make sure that each party understands the terms of the agreement.

As long as the judge is satisfied that the child support agreement was fairly negotiated, and that the terms do not contradict state guidelines, the agreement will almost always receive court approval. In most states, the agreement then becomes a binding court order or "decree," and the parents or other parties to the agreement must adhere to it or face legal consequences.
*edit: I did come across a case in PA where the Dad did what Onoes is doing and the judge sided with the father, for what that is worth.
 

Tarrant

<Prior Amod>
15,801
9,212
Totally depends on the judge.
No, no it doesn't. Without a court ordered stamp of approval, you're walking a line that will fuck you something fierce should she ever choose to do it.

Doesn't even have to be vindictive...say she wants state assistance, as soon as she applies and puts the kids on there they will go after you for child support even if she says no and then, boom. You be fucked son.
 

radditsu

Silver Knight of the Realm
4,676
826
We made a suggestion to the judge at the hearing and he put it in the final judgement. As I get a higher income I increase my support by like percentages to cover my ass. I always get documentation. Always document.
 

opiate82

Bronze Squire
3,078
5
There was more to it then, I've known to many people personally who fell into that trap, myself included.
Possibly. The implication was that there was something in PA law that allowed for it but there wasn't much more to go on other than a forum post and fuck it if I'm going to dig much further past a cursory Google search.

We are in agreement that Onoes has left himself in a position to be fucked over, in ways he hasn't even considered or thought of.
 

chaos

Buzzfeed Editor
17,324
4,839
For the most part I think a lot of you guys are way too hard on Onoes, either you're fucking with hi or just enjoy being dicks, idk. But in this instance, I agree. No formal agreement is a recipe for failure.
 

Tarrant

<Prior Amod>
15,801
9,212
For the most part I think a lot of you guys are way too hard on Onoes, either you're fucking with hi or just enjoy being dicks, idk. But in this instance, I agree. No formal agreement is a recipe for failure.
This is my stance on Onoes as well, as I stated a few pages ago.
 

Khane

Got something right about marriage
20,343
14,007
Just left 29, had a fantastic 2 straight days with her, grabbing food now and getting on the road. Nothing to really report except everything went really well.
Isn't she still married and presumably living with her husband? Where did you stay?
 

Onoes

Trakanon Raider
1,460
1,225
I have family who live in Phoenix, more specifically, my moms in Maui right now but has a house in town, so I stayed there. And yes, her and her soon to be ex are still in the same house, though in different rooms. They met with a realtor on Friday to put their house on the market, and filled out divorce paperwork that is getting turned in tomorrow, so... thats happening. The odd thing? I spend all day and night with her Saturday, which was March 14th. I just realized tonight, my divorce was final March 14th last year. Just a weird little coincidence.

But yeah, I'm ready to dive full speed into this, despite me knowing the entire situation should throw up warning signs, just had a phenomenal weekend. We'll see what happens, but yeah, either expect everything to work out, or expect me to be all heartbroken again in a couple months.
 

Gavinmad

Mr. Poopybutthole
43,753
52,327
I'm curious and I can't remember from the original story, but at what point did this married woman tell you she was getting a divorce?
 

Onoes

Trakanon Raider
1,460
1,225
2 days after we met, 2 weeks ago. So... moving fast, I know.

(Hence me not wanting to talk about it here yet, because I'm aware it all sounds crazy right now.)
 

iannis

Musty Nester
31,351
17,656
I have family who live in Phoenix, more specifically, my moms in Maui right now but has a house in town, so I stayed there. And yes, her and her soon to be ex are still in the same house, though in different rooms. They met with a realtor on Friday to put their house on the market, and filled out divorce paperwork that is getting turned in tomorrow, so... thats happening. The odd thing? I spend all day and night with her Saturday, which was March 14th. I just realized tonight, my divorce was final March 14th last year. Just a weird little coincidence.

But yeah, I'm ready to dive full speed into this, despite me knowing the entire situation should throw up warning signs, just had a phenomenal weekend. We'll see what happens, but yeah, either expect everything to work out, or expect me to be all heartbroken again in a couple months.
Well man people gotta meet somehow. But a random hookup at areinassance faireis pretty high up there on the list of "whuuuuuut?"

I would make 0 commitments other than time commitments for months to come. Life in the fast lane, sure make you lose your mind. Life in the fast lane, Ya-huh!