Doug Johnson
New Member
Greetings forum members - and thank you for giving me information. Knowing or having perspective through knowledge is helpful to me.
Now, over 3 weeks since I read the last post, I had a phone conversation with my attorney (It seems possible with the "paperless" office he runs that this whole thing could be done without me leaving my home).
So, the next step here in Arizona is a virtual "Resolution Management Conference" which is held, you guessed it, virtually using Microsoft Teams or I can just call in to the number given connecting me to the conference . . . somehow. My soon-to-be-x-wife insists on asking for support, which, as I mentioned above, is calculated as zero, because in the State of Arizona VA Disability is not included as income on the support calculation form.
Now as to give perspective, before I even had contacted a lawyer, I urged my stbxw (my-soon-to-be-x-wife) to take my offer of 1) take all the equity after we sell our house (sale price around $369,000 and mtg of $75,000 so, you know around $269,000 net to her after fees of $25,000, and 2) I will not make any claims on her 401(k) which is around $325,000 last time I saw a statement, so I relinquish up to her possibly $175,000 more. So she would get $134,000 plus $162,500 possible claim on her 401(k). So anyway, around well . . . almost $300,000 if she would just go away, and I avoid legal fees. But noooo o o oo . True to her character, she want that f'n SUPPORT. Ya, you are probably thinking, "WHAT . . . ARE YOU NUTS GIVING AWAY ALMOST $300,000." Some would say so . . . but . . . BTW, my stbxw had no significant medical problems at the time she was served.
So my lawyer is thinking out loud during or phone consultation, we will just stomp on that notion of support right now. And so states in my Proposed Resolution Statement of Petitioner (me) "Hey Judge . . . all but $2,300 of Petitioners income is VA Disability so disqualified from support calculations per A.R.S. §25-319. Additionally, my stbxw has an equity claim of 50% in the house or about $134,000 and a 401(k) of around $325,000 (which she claims is all hers) lol. So Judge, her getting support is a nutty proposition, ya?"
Then, I ask, my lawyer, is there any basis of her getting awarded support. He says, "Not on the face of it." Typical lawyer talk! lol. No, I like him.
My question for you is, do judges that adjudicate this kind of stuff HAVE to follow the support schedule calculations? In this case 0 support?
You might be thinking I am being kind of silly, since I'll be getting house equity and up to $150,000 of 401(k) and maybe I am. But I'm rather pissed that she left my offering of $300,000 only to be asking now for a dubious support request. Ya . . . that really pisses me off 'cause now I have to shell out attorney fees and go through all the trouble and anxiety of a contested divorce. So, no. She doesn't get support!
Or does she? What is the likely ruling of the judge? Can/will the judge say "Hmmmm, he (me) has all that DISALLOWED VA Disability, so I'm gonna make up for it by arbitrarily awarding her $$$$$, or some such nonsense?"
Now, over 3 weeks since I read the last post, I had a phone conversation with my attorney (It seems possible with the "paperless" office he runs that this whole thing could be done without me leaving my home).
So, the next step here in Arizona is a virtual "Resolution Management Conference" which is held, you guessed it, virtually using Microsoft Teams or I can just call in to the number given connecting me to the conference . . . somehow. My soon-to-be-x-wife insists on asking for support, which, as I mentioned above, is calculated as zero, because in the State of Arizona VA Disability is not included as income on the support calculation form.
Now as to give perspective, before I even had contacted a lawyer, I urged my stbxw (my-soon-to-be-x-wife) to take my offer of 1) take all the equity after we sell our house (sale price around $369,000 and mtg of $75,000 so, you know around $269,000 net to her after fees of $25,000, and 2) I will not make any claims on her 401(k) which is around $325,000 last time I saw a statement, so I relinquish up to her possibly $175,000 more. So she would get $134,000 plus $162,500 possible claim on her 401(k). So anyway, around well . . . almost $300,000 if she would just go away, and I avoid legal fees. But noooo o o oo . True to her character, she want that f'n SUPPORT. Ya, you are probably thinking, "WHAT . . . ARE YOU NUTS GIVING AWAY ALMOST $300,000." Some would say so . . . but . . . BTW, my stbxw had no significant medical problems at the time she was served.
So my lawyer is thinking out loud during or phone consultation, we will just stomp on that notion of support right now. And so states in my Proposed Resolution Statement of Petitioner (me) "Hey Judge . . . all but $2,300 of Petitioners income is VA Disability so disqualified from support calculations per A.R.S. §25-319. Additionally, my stbxw has an equity claim of 50% in the house or about $134,000 and a 401(k) of around $325,000 (which she claims is all hers) lol. So Judge, her getting support is a nutty proposition, ya?"
Then, I ask, my lawyer, is there any basis of her getting awarded support. He says, "Not on the face of it." Typical lawyer talk! lol. No, I like him.
My question for you is, do judges that adjudicate this kind of stuff HAVE to follow the support schedule calculations? In this case 0 support?
You might be thinking I am being kind of silly, since I'll be getting house equity and up to $150,000 of 401(k) and maybe I am. But I'm rather pissed that she left my offering of $300,000 only to be asking now for a dubious support request. Ya . . . that really pisses me off 'cause now I have to shell out attorney fees and go through all the trouble and anxiety of a contested divorce. So, no. She doesn't get support!
Or does she? What is the likely ruling of the judge? Can/will the judge say "Hmmmm, he (me) has all that DISALLOWED VA Disability, so I'm gonna make up for it by arbitrarily awarding her $$$$$, or some such nonsense?"
