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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 09-28-2015, 02:24 PM
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The point isn't whether income goes up or down, it's whether the change in income is something which could have been reasonably foreseen at the time the agreement was signed. For instance, if someone had been working 15 hrs/wk as a medical receptionist and then six months later got a promotion and went to full-time at 30 hrs/wk, that's not a material change, as it is common and reasonable that people move ahead in their professions, increase their hours, etc. If someone had been working part-time as a medical receptionist and then suddenly gotten a high-paying job as an astronaut, that might count as a material change, because that could not have been predicted.

I'm not saying you don't have reasons to be upset with your ex because it sounds like you do, if she won't exchange financial info and won't share S7. I'm just saying that a "material change" argument isn't likely to get you too far.

It sounds like you may need legal help to revise your agreement so that CS and the S7 ratio are recalculated every year based on line 150 of tax returns, what counts as S7 expenses are spelled out, and financial disclosure is required.

I'd also steer clear of any tax preparer who lets you see someone else's return, even if it's your ex's. That's pretty unethical.
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Old 09-28-2015, 08:52 PM
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Walk before you run - start by getting financial disclosure/exchange.

When incomes fluctuate some people have it set that financial disclosure/exchange is done quarterly or every 6 months.

There is a difference between a "review" of SS and an "adjustment." Often review are done every few years with a provision for annual adjustment. Best to look over your agreement and pay special attention to the specific wording.
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Old 09-28-2015, 09:43 PM
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You didn't answer my questions.... If there is no compensatory spousal support then everything changes...

As soon as her revenue goes up to give her so he has a standard of living similar to what you enjoyed in the marriage the SS should terminate (if this was a judgement). Since it is an agreement, it depends on the wording of your agreement.
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Old 09-29-2015, 03:48 PM
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Here's the exact wording:
Spousal support may be changed if there is a material change in circumstances, even if the change was foreseen or foreseeable. The change may be:
a) in either party's financial position;
b) in the child support arrangements;
c) (ex)'s remarriage;
d) (ex)'s cohabitation with another person in a relationship resembling marriage for more than 24 months, and
e) in either party's health
or any other similar change.
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Old 09-29-2015, 04:36 PM
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I would reiterate that you might be able to simply send her lawyer a letter (running up her legal bill) specifying the above^ and indicating you are hereby requesting an adjustment based on the agreement.

If you don't ask you don't get.
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Old 09-29-2015, 06:39 PM
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Okay, with the exact wording from your agreement, you're in a much better position because it specifies that a material change a) may be foreseeable; b) may include either party's financial status.

So yes, take this wording, do up a letter proposing an adjustment (be specific about what you are proposing - complete end to SS, lower amount of SS, whatever), and send it to her lawyer.
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Old 09-29-2015, 07:19 PM
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Quote:
Originally Posted by failed@life View Post
Here's the exact wording:
Spousal support may be changed if there is a material change in circumstances, even if the change was foreseen or foreseeable. The change may be:
a) in either party's financial position;
b) in the child support arrangements;
c) (ex)'s remarriage;
d) (ex)'s cohabitation with another person in a relationship resembling marriage for more than 24 months, and
e) in either party's health
or any other similar change.
I agree with the other posters.

Now we need to talk about what is the source of her entitlement. As I said earlier if she has worked full time for the entire marriage and has made no sacrifices for the family unit that means the SS is non compensatory.

This means that even a woman like your ex who loses your income to support themself is going to have a reduced standard of living which for some reason she is entitled to continue to benefit from for some time after divorce, being weaned off gradually unless she remarries a rich guy or she earns way more giving her something approaching the standard of living you had during the marriage.

With her new salary can she enjoy similar standard of living as you enjoyed during the marriage?

I will also add that the clauses in your agreement all indicate that the SS is non-xompwnsatory because remarriage doesn't have much affect on SS in LT compensatory type spousal support

Last edited by Links17; 09-29-2015 at 07:21 PM.
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