Quote:
Originally Posted by Timely Rain
Once again, I thanked all the bros' advices and comments.
Whenever we talk on divorce, she want the following:
1) custody of the child.
2) 100% of the house to go to son when he reach in legal age.
3) I leave the house.
4) 90% of my income.
Although I love my son, I can accept item 1 to 3 but item 4 is extreme to me. I still have $100k of credit bills & loans under my name but spent by her.
Is a contest divorce is the only way out?
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1. you can fight in court for 2, 3 & 4. Provided you own at least a portion of the house and she not willing to pay you off for your share of the house.
Is the house a hdb or pte property? If hdb, cannot pass the house to the son as he is not qualified to own one until at least 35 or married. And the cpf portion is not owned by you, is owned by govt. CPF has to be paid back and returned to CPF. for 1, you may request to court for joint custody. Joint custody means the maintainence for the child is 50/50, but you probably get access to your son only one day a week.... Most likely you'll get it unless you're an addict in drugs/gambling/alcohol, in and out of jail often or is a violent man.
2. Both of you unlikely to get the other to leave the house legally. But life will sure be hell if both continue to live together once decided to go for divorce. If its joint ownership, 1 party has to pay off the other to keep the house. If no one is willing to pay off the other party, then have to sell the property and split the proceeds as ruled by court.
3. 90% of income. She wont get it in court. Fight this out.
Yes the only way is contested divorce. But during the time when both of your engaging your lawyers and preparing to file the case, lawyer will know what were the divorce terms requested. For the unrealistic parts, lawyer will advice against it but will eventually file for it if the client die die insists still. So during this time, she may lower those requirements deemed unreasonable to achieve (90% of your income). Alimony and child maintainence are separate issues. Child maintainence depends on factors like how much is needed to maintain a child + your current income, nothing much to do with the ex wife.
about the 100k debt. make it known in court. Judge will take this into account. Judge will deduct monthly debt repayments from your income to derive the income used as reference for the judgement. So it'll be slightly in your favour. Judge may even postpone part of the maintainence / alimony for a few years / till the debt is fully repaid. You may choose to go a step further to prove that this debt was incurred by you on her behalf (if you can prove it), but know that its unlikely for you to claw back any money from her. Judge may take this into account as well.
Example: judge may say pay $1k a mth to her. But because of your debt, judge says postpone $600 of it for 3 years. So 1st 3 years you pay $400 a month, after that $1k a month.