reopening spousal

[dav66]

in short
2007 separation agreement drafted under ILC with spousal release granted in exchange for all equity in matrimonial home and contents. now with children 13 and 16 respectively [elder living with me] exspouse is now looking for spousal of 500 /month
anyone here seen cases where the release in a signed agreement is reopened in cases such as these? what is the argument placed forth to allow the reopening?
Just wondering why or how this could be reopened without reopening right from day one vis a vis the equity in the matrimonial home?

[Berner_Faith]

Not 100% sure about this, however it is my understanding that SS can be re-opened at any time... better people on here to answer then me though.

[HammerDad]

No, it cannot at any time. There needs to be specific reasoning why spousal should be revisited. And the onus is on the person requesting spousal to be redetermined to provide reasonable evidence as to why.

If a judge already determined the amount paid was reasonable, or the ex signed off on spousal in exchange of an unequal division of assets and had legal advice (I think that is what ILC means, I know what ILA means and am translating ILC to mean independant legal counsel).....and if this is the case I am sorry, but their chances of getting a judge to rethink SS are slim.

I think is Dav's case, the ex is only revisiting spousal support due to a change in custody of the kid. I doubt that reason alone should be suffient, as any payments made by Dav to his ex in support of the child were CHILD SUPPORT. Not ex-support. She should not have relied on child support to subsidize her income because there is no guarantee that she will be receiving it forever. Should the child pass away, change residences or just grow up, c/s ceases. So for her to rely on it was her mistake.

Further, she can't have her cake and eat it too. She got an unequal division of assets (ie the home and contents). She is now asking for a second bite at the apple without providing anything in return.

If I were Dav, I'd tell her no and should she take this to court, request for her motion to be dismissed and costs.