Saturday, March 17, 2007

Battle Preparations


My wife's lawyer didn't understand the financial settlement that my wife and I had agreed to. The lawyer says that it should all be tax-free, but it isn't, and I am covering the tax with extra money. But the lawyer says that my wife will pay an amount equal to 80% in tax, which is ridiculous. There is no way she is liable for an 80% tax.

So, to counter this last objection, I had a CPA, who is also a lawyer, do the numbers for me. Perhaps I was wrong.

He did the numbers and I was wrong. I expected the tax to be 20% but it will actually be 25%-28%. I thought deductions would bring it down but apparently they don't affect this extra income.

So I adjusted the numbers upward. Now I will have to drain about 60% of my retirement savings, but I suppose that is OK since my new mortgage won't allow me to retire in this life anyway. But what I am bothered most by, is her greed. She acts as if I was the one who cheated on her.

Anyway, I wrote the numbers up in very simple terms, with large print, double-spaced, and bold type, so that even her lawyer would understand them. I referenced the CPA/Lawyer. I gave it all to my lawyer for negotiation. But honestly, I don't expect them to agree to it. Even though there is $10,000 more in the settlement, the problem is that my wife wants enough money to buy a large house that fits her tastes. And for this reason I don't think she will be satisfied with any less. Plus, she is most comfortable now, living for free with no bills and no obligations and no morals. She is not in a hurry to move out.



Don't look now but there's one too many people in this house and I think it's You!




My lawyer tells me now that he is getting nowhere with her lawyer. They want more, More, MORE. And I tell him that there really isn't anymore to offer. I've already had an accountant figure out what is fair, and if I empty out my retirement completely, I will someday be living in my car (the same 1998 car I drive today).

Finally he feels the same frustration, or at least some of it. This coming week he will have the complaint for divorce ready to sign and he will file it. This will start a series of events in motion. She will be served with papers, a court date will be set, we will prepare our arguments, and then it is show time.

The entire process--if we don't settle--will be expensive, will take months, and will involve psychological home evaluations for our child. The ironic part is that the house will be sold for less than the value I was using in my calculations, a realtor will be paid, and in the end my wife will get about $20,000 LESS than what I offered. Unless, of course, I am able to argue that the house is pre-marital, and then she would get only half of what I offered.

But what else can I do? She won't leave, except for Saturday nights. And tonight I expect her to celebrate St. Patrick's Day like a pro.

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