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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 12-30-2016, 11:58 AM
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Default Spousal Support Payments

My ex has been earning almost triple to what she was making when separation agreement was signed.

Do I have a case to have spousal support either reduced or eliminated?

MySupportCalulator says yes, no spousal support required.

Our separation agreement says we can review every year and adjust.


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Old 12-30-2016, 04:52 PM
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You need to give more details... Check some other threads on this topic I asked a bunch of questions answer them and I can ask my flying monkey army what they think.
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Old 12-30-2016, 06:16 PM
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Depends upon what your separation agreement says... (was it awarded as compensatory or non-compensatory or a bit of both...)

The exchange of financial information is correct.

Your agreement specifically states you may "review" everything annually?
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Old 12-31-2016, 12:37 PM
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Either party may request a review of their spousal support arrangements if there is a material change in the condition, means, needs or other circumstances of either of them which would affect spousal support.

Spousal support ends when:

1) the parties agree that it ends and they have signed an Agreement to that effect;
2) when the last payment is made on May 1 2027
3) an arbitrator determines under the "Dispute Resolution" provisions that spousal support should end; or
4) death
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Old 12-31-2016, 06:19 PM
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Quote:
Originally Posted by Bassix View Post
Either party may request a review of their spousal support arrangements if there is a material change in the condition, means, needs or other circumstances of either of them which would affect spousal support.

Spousal support ends when:

1) the parties agree that it ends and they have signed an Agreement to that effect;
2) when the last payment is made on May 1 2027
3) an arbitrator determines under the "Dispute Resolution" provisions that spousal support should end; or
4) death
The biggie here is "if" in the first sentence. Exchange of financials yearly is standard. A formal review (in court), annually, is not standard. I see nowhere above where it stipulates a formal annual review.

So what would the material change of circumstance be in your situation which affects paying or receiving spousal support?

Now you have to do some independent research on what constitutes "material change of circumstances." While you are at it, read up on "quantum" of spousal support.

What basis was spousal support awarded on. Income differences isn't the end-all.
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