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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 10-30-2013, 08:35 AM
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Default Does Spousal Support automatically go up when Child Support ends?

I have a new twist in my current situation which I thought I would seek advice on. Here are the key points:

1. Negotiated a Final Separation Agreement between myself and ex. Lawyers involved throughout process.

2. Spousal Support was considered to be final except by way of material change in circumstance. Ex was unemployed at the time, but has since re-gained employment.

3. Child support was negotiated on a temporary and without prejudice basis and was to be reviewed periodically. At the time, all 3 kids were in university with 2 being out of town and one local and splitting his time between his parents at their respective homes.

4. Since then, one child has quit school and has recently found full time employment, another has received grants/school loans and is fully self sufficient while the local one now lives in an apartment with roommates.

5. Clearly the CS situation has changed, however the ex does not acknowledge such and is adamant that spousal should automatically increase due to a reduction in child support

How can this be if our agreement said spousal was final (and notarized by both lawyers) while CS was temporary and without prejudice? We have issue resolution provisions that says mediation/arbitration is the final step and she is unwilling to do so.

I am worried that if this goes to court, I could win the CS battle and lose on SS and basically winding up where I was before. But isn't that the point of a final agreement? Could a judge overturn such a binding one?
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Old 10-30-2013, 09:19 AM
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What Oink said! I was under the impression that cs was for the benefit of the child. If the children are no longer with her, why would she need more ss? Why would a reduction in cs mean an increase in ss? Oy vey!
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Old 10-30-2013, 09:20 AM
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Thanks for the replies. If you look at the SSAG guidelines, there are two formulas to use in the calculations: With Child Support and Without Child Support formulas. When doing the calcs, spousal is ALWAYS much higher for when there are no kids and my EX is playing this up...any ideas on that?
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Old 10-30-2013, 09:24 AM
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Spousal Support was considered to be final except by way of material change in circumstance. Ex was unemployed at the time, but has since re-gained employment.

So you have a change in circumstance....how long has she been working?

You could make her an offer that SS for 1 more year with a firm end date.

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Old 10-30-2013, 09:25 AM
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The only comment I would make to the ex is that shes an employed adult who is capable of taking care of herself. Nothing else. Thats if I acknowledged her at all. If she pursues it in court, as already mentioned you could always self represent. This board is a wealth of knowledge.
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Old 10-30-2013, 09:31 AM
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Is she working full time or part-time?

How long has she been collecting SS?

How long where you married and how old at time of separation?

Do you know about the 65 factor...?

Some people...grown kids that can take care of themselves and one of the parents can't even do it!
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Old 10-30-2013, 09:34 AM
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She is working full time (temporary basis though but has worked steadily through agencies).

Collecting for 20 months now

Married 22 years and she was 48 at time of separation

Yes I know about 65 factor

Agreed!! Except she simply points to the current SS/CS guidelines and says "see? I am entitled to increased amounts!" Yes, she is more than happy to collect as much as she can from me simply because she believes (and the guidelines suggest) she entitled to it and believes anyone who doesn't chase their exes are stupid!

And these very guidelines also suggest that she can get a substantial increase in spousal simply because child support ends...this is what the law seems to suggest! Though my lawyer said every case is different and the guidelines are just that. My ex takes them as law and gospel.
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Old 10-30-2013, 09:38 AM
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If she believes shes entitled then let her go ahead and try. Any of her other banter ignore.
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Old 10-30-2013, 09:41 AM
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Quote:
Originally Posted by KW_Divorced View Post
She is working full time (temporary basis though but has worked steadily through agencies).

Collecting for 20 months now

Married 22 years and she was 48 at time of separation

Yes I know about 65 factor

Agreed!! Except she simply points to the current SS/CS guidelines and says "see? I am entitled to increased amounts!" Yes, she is more than happy to collect as much as she can from me simply because she believes (and the guidelines suggest) she entitled to it and believes anyone who doesn't chase their exes are stupid!

And these very guidelines also suggest that she can get a substantial increase in spousal simply because child support ends...this is what the law seems to suggest! Though my lawyer said every case is different and the guidelines are just that. My ex takes them as law and gospel.
Guidelines are not LAW.

If she wants more make her get it. Otherwise you follow the agreement. Not even worth a single discussion/word/email/text.
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Old 10-30-2013, 09:52 AM
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But she should have an income put in against her...this would bring SS down may even eleminate it if it gets to court.

How long has she been working? You need her to disclose her income too.

The law suggest... the law suggest that she becomes self sufficiant.

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