Wednesday, March 23, 2011

Seeking "Permanent Spousal Support"

Marci Kington sought "Permanent Spousal Support" at $10,000 a month despite the fact that:
  1. She left a well-paying ($60,000/year) job to move to Seattle to live with a man she met on the internet.
  2. She made no effort to find employment at all since separation (nearly eight years)
  3. We were already divorced.
Judge Mark A. Juhas awarded her $0.

Here's an excerpt from the court transcript:
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           27  THE COURT:  How do you get out of -- she quit a

            28  60,000-dollar-a-year job, I think.


                                                                 120


             1         MS. HAMMERS:  She did --

             2         THE COURT:  A few months after separation, she

             3  left her job.

             4         MS. HAMMERS:  About seven months after separation

             5  she left her job.  That's true.

             6         THE COURT:  Okay.  Seven months. 

             7         MS. HAMMERS:  She did.  But her testimony was   

             8  she knew her job was going to be ending.  She had    

             9  been demoted already, and she wanted to start her own

            10  photography business, which is what she did.

            11         THE COURT:  I don't remember that, and there was

            12  no evidence other than her saying -- I don't remember

            13  her testifying to that.  But I will assume she did for a

            14  moment.  If she did, "I know my job was going to end so

            15  I am going to leave and start my own business somewhere

            16  else, start from scratch," how is that his issue?

            17         MS. HAMMERS:  Well, she attempted to work.  She

            18  attempted to get her business going.  She did in fact --

            19         THE COURT:  I think you have a very weak spousal

            20  support argument because she has a 60,000-dollar-a-year

            21  job in Los Angeles.  She has a photography business in

            22  L.A., which I don't really know much about.  And she

            23  quits and moves and starts a brand-new business

            24  somewhere else.  All of which she can certainly do.  I

            25  have no information on what her marital lifestyle was in

            26  Seattle at what; what Mr. Luchsinger made.  I don't have

            27  information on what she made, although it was down in

            28  the grass admittedly. 


                                                                 121


             1         MS. HAMMERS:  She testified to it.

             2         THE COURT:  I don't have much information, but

             3  it's some.  And apparently the relationship with

             4  Mr. Luchsinger didn't work out, and so she moved back to

             5  Tennessee.  In the past two years, at least, she has

             6  done nothing to search for a job.  How is that

             7  Mr. Fong's obligation to support her?  She can go out

             8  and kind a minimum-wage job.  I have no evidence at all

             9  that she's done anything except sit at home and read

            10  about a zillion blog postings.

            11         MS. HAMMERS:  Well, she did a lot of other

            12  things, Your Honor.

            13         THE COURT:  Not look for a job isn't one of them.

            14         MS. HAMMERS:  That's true.

            15         THE COURT:  I think you have a very, very weak

            16  support argument.  She quit a perfectly good job, moved

            17  out of the area where she had some contacts here. 

            18  Started a brand-new business up there because she wanted

            19  to start a new romantic relationship, which is all

            20  right.  I am not being critical of that.  But now you

            21  are reaching way back, and I don't have much

            22  information.  And then I have no information on what

            23  she's doing to look for a job now, except nothing is the

            24  evidence that I have.

            25         MS. HAMMERS:  Well, I think, Your Honor, even if

            26  she had not quit her job at 60,000 dollars a year, that

            27  is 5,000 a month.  Right?

            28         THE COURT:  Something.


                                                                 122


             1         MS. HAMMERS:  It is something.

             2         THE COURT:  So what --

             3         MS. HAMMERS:  But still, nothing near what their

             4  marital standard of living was.

             5         THE COURT:  So what do I award her for spousal

             6  support?

             7         MS. HAMMERS:  I would give her spousal

             8  support for the -- for something that would allow her to

             9  at least have a 15,000-dollar-a-month lifestyle



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