Spousal Support - Change in Employment Status

[Jayz]

Our court ordered settlement agreement specified that my ex provide me monthly support. The agreement included a provision that spousal support may be changed if there is a material change in circumstances including retirement. I understand that my ex will be retiring in the next year. What is the process for having the court order amended to reflect this "material change in circumstances"?

Thanks.

[NBDad]

So YOU get spousal, and HE is the one retiring?

Chances are this means he'll have access to LESS money (usually not a LOT less depending).

If he wants it changed, he has to put a motion forward to the courts (best thing to do is to send YOU a proposed settlement based on the new information and have you agreeing to it, but if you won't he has to put a motion to the courts and prove why he needs the reduction)

[asnf]

Originally Posted by Jayz

Our court ordered settlement agreement specified that my ex provide me monthly support. The agreement included a provision that spousal support may be changed if there is a material change in circumstances including retirement. I understand that my ex will be retiring in the next year. What is the process for having the court order amended to reflect this "material change in circumstances"?

Thanks.

Sorry to ask - I know I should have been responding but I am preparing a an offer for support (I'm paying SS on a temporary basis) and would like to include provisions including material change and duration. I wonder if you can help me indentify possible provisions. Thank you.

[Jayz]

VARIATION OF SUPPORT
2.1 Spousal support may be changed if there is a material change in circumstance, even if the change is unforeseen or unforeseeable. The change may be
(a) the retirement of the Respondent. The Applicant acknowledges that it is the Respondent’s intention to retire at or before his 57th birthday.
(b) the Applicant's remarriage.
(c) the Applicant's cohabitation with another person in a relationship resembling marriage for more than 6 months.