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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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Old 05-20-2015, 05:36 PM
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Default Spousal Support Too High

Hi All,

I am finding it difficult keeping up with my spousal support payments and have a question about how I go about lowering the payments. Is this even possible or will the court just throw it out?

My position is I have three kids and am finding it hard to find a place to live with them. I am currently couch surfing at my parents and have the kids there when I have them every second weekend. I don't have enough money at the end of the month to afford anything more than a one bedroom.

Would the judge see my lack of income as a reason to lower my SS payments.

Probably a shot in the dark but is it even worth pursuing with my lawyer?
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Old 05-20-2015, 07:19 PM
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Do you have any extras you are paying for? Cell phone? Gym memberships? etc? Unless you can prove undue hardship you have a long shot of winning this battle.
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Old 05-20-2015, 07:27 PM
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What has changed since the amount was set?
How was it set?
How long ago was it set?
What is the context of the marriage?
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Old 05-20-2015, 07:36 PM
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Rereading your post. You are an EOW dad = you have no kids. Where you live doesn't matter. I thought you had 3 other kids.

I have my kids 39% of the time and the judges are very happy to give 2500$ to my ex-wife and leave me with 1200$
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Old 07-07-2015, 06:24 PM
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Yes I have three kids and I am paying about the same amount per month as you, about $2400. I have no issues with paying child support but what is my chance of lowering the spousal support payment? NIL?

Also ex just bought a house. I can't understand how she can be doing so well and I'm living in my parents basement. Something doesn't add up.

Signed
Frustrated
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Old 07-07-2015, 06:36 PM
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Have you tried negotiating this with your ex? Show her your budget and propose a reduced amount of spousal support so that you can afford an apartment, maybe for a limited time until you can get back on your feet financially. Even if she refuses (which she probably will), it's important to be able to show that you tried to negotiate before going to court.

As to what your chances in court would be - that would depend on the circumstances in which SS was awarded in the first place. If those circumstances no longer apply (e.g SS was awarded when your ex was unemployed and she now has a good job and is self-supporting; or if SS was awarded when you had a good job and you are now disabled and unable to work), you might be able to get it reduced.
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Old 07-07-2015, 07:19 PM
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Thanks Stripes. My situation is ex was not making a lot when we signed the separation agreement but since then has increased her yearly income.

It's interesting because she still hasn't given me a copy of her NOA. I think she is stalling because she made more last year and will make more this year having been employed in a good job with the government.

She also plays the world's smallest violin and asks me not to take her to arbitration because her new job is only temporary. Ya making $50K per year I will take her to arbitration.

This is why I think my payments are too high.
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Old 07-07-2015, 08:33 PM
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is there a cut off date or a review date for SS?
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Old 07-07-2015, 09:04 PM
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Cut off date is in 12 years
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