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September 22, 2008

Comments

Jon

Indefinite Alimony is asinine. What's the point of it? It harks back to the time when men were the bread winners and women were treated like property or assets of the men. A women wasn't expected to earn an income, so obviously if you can't sell your property then you have to pay to maintain it until someone else does buy it. In today's world of joint financial responsibilities in the family, the goals of divorce should be to equitably divide the marital assets and restore the parties to how they were before the marriage. i.e. both self-maintaining and single. The whole unconscionable disparity term still eludes me what social role it plays other than to avoid people dropping in social class because they can no longer afford to live that way on their own.

Rehabilitative makes a lot of sense to add some level of financial cushion so that both parties can have a roughly equal time setting up their post-marriage lives. And obviously if one party decides to stay at home with the kids for the good of the family, then the family should support that party as they find their way back into the working world. It provides a smooth transition for both parties from the finances of married people to the finances of separate, but self-sustaining single people.

In this particular case as well as the just released Lee vs. Andochick case, it just seems like we're having the wrong people do the financial calculations. Why are Judges whose specialty is in measuring words and logical tests performing the tasks that accountants do best. In both cases, the judges just guess what the actual income is. Some of them ignore marital debt. Some of them assign future earnings based on what the parties made years ago. Some of them have to guess what realistic expenses are compared to non-realistic expenses. It appears that Judges approach finance the same way they do everything else in family law "Everybody lies." This way they feel empowered to change what ever numbers they feel like to come up with a decision that fits what ever inequalities they see. But accounting provides a way to empirically measure peoples finances. Let's use that as the basis for determining the parties finances.

One other thing that bugged me about this one. Are the parties obligated to maintain the family home until the divorce is finalized? It seems like if the parties can no longer afford to maintain two homes, then they should sell the marital home immediately instead of waiting for the final divorce to come through. That way, the judge can make a decision on the actual selling price of the house instead of just what it was appraised for. And preferably, the judge would then hand that number over to an accountant so they can do the required math with it.

prootowoxixema

dfwrfxkkijwfqhywwell, hi admin adn people nice forum indeed. how's life? hope it's introduce branch ;)

Daniel

Hey,
Thanks! Great post you have written on ""Clear error" in alimony case". Really I can say that your post is very informative, I'll come across your blog again when you will update it with new.
Thanks,
Daniel
http://www.jrlaw.org/

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