ED Questions, cont

  1. Given this scenario (land owned outright, purchased while married, deed currently in spouses’ name only)-- do I have marital property rights to this land, or not? If the answer is no, then would redeeding the property to include both of our names give me the MP rights?
  2. If I died before divorce, and my estate couldn’t satisfy debts that are solely in my name, could spouse be forced to pay them by having to liquidate any property that was jointly owned (such as equity in a house, in land, or any other jointly-owned property)?
  3. Since the child support calculator maxes out at 300K total income, is it reasonable to “proportion it up” to our actual incomes to get a realistic idea of what’s fair? Are child support payments supposed to include one time expenses like for a car? What about things like vacations? What about the unexpected (accidents,etc.)-- would spouse with custody have to file for a modification in SA or divorce settlement? Can I be forced to keep child for the number of “overnights” used to calculate payments (spouse could claim that these should be my expenses, the overnight stays with related costs)?
  4. What if I cannot accept spouses’ choice of college for child (e.g., private , or military school)-- do I have to petition court to have an influence?

  1. The property is indeed martial in nature and subject to division, regardless of title.
  2. Your debts would be satisfied from your estate. If there is still joint property at the time of your death your spouse could be forced to liquidate to satisfy your debts.
  3. In cases that are off the guidelines, the court will have to determine support based on the children’s reasonable needs. If a car, and vacations are things the children are accustomed to expect or have, then it would be reasonable to include them.
  4. You will not be forced to keep your child for any period of overnights.
  5. You and your spouse do not chose the college, the child does.