In two more months, I will have been paying spousal support for three years for my six year marriage. Our minutes of settlement indicate:
-At the time of separation Mom had been unemployed since leaving her job in December 2006 in order to be at home with Child and take care of him full-time. As such, Dad agrees that Mom is entitled to spousal support in the amount of $1,075.00 per month until such time as Child is attending school full days and she can seek employment. Mom agrees that she must make every effort to become self sufficient by September 2013.
-Mom agrees that spousal support is fixed at the amount of $1,075.00 regardless of any post-separation increases in salary.
-Mom’s entitlement to spousal support shall be reviewed as of September 1, 2013 as it is expected that Child will be attending school full-days by then. If the parties are unable to negotiate a satisfactory resolution of this issue within 30 days, either party may commence a Court proceeding to deal with this issue.
It appears that everything is on track. Our child will be in school full-time. I have approached my ex and offered some transitional support in the form of an extra $200/month in child support for one year. In e-mail she agreed with this proposal. Now I have had an amending agreement drafted which includes clauses terminating entitlement to spousal support due to the clauses above, and adding $200/month transitional support for the 2013/2014 school year.
However now she says will refuse to sign anything that ends spousal support... I was rather confused she had already agreed a few weeks before to the transitional support. She previously indicated in her e-mails that she does not want an extension of spousal support. She is also working now, making some income by running a home daycare. She has multiple university degrees and other certifications but doesn't want to send our son to a daycare so that she could work outside the home. However, that is her decision and she should be dealing with the financial consequences of that decision at this point, not me. She did, after all, receive an unequal division of assets totalling more than $70,000 in addition to the support she has been receiving. I agreed to that in order to avoid court.
I am unsure of the correct way to conduct this "review" for entitlement. My son will be in school, so by my reading, SS will simply terminate and no further agreement or court order is necessary. She seems to believe otherwise... even though she already agreed in writing as to what should happen in September which included a generous to offer for transitional support above and beyond what I am required to pay.
She is very hard to deal with and very controlling. I am leaning towards ceasing further communications with her to try and get an amending agreement when no amendments are really necessary. I will simply increase my CS on July 1st (based on my NOA), cease SS and pay some extra CS in September, and ignore her. It would seem to me that if she believes she is entitled to more SS it would be up to her to motion for a change, although it would seem unlikely to succeed given the agreement and that there have been no circumstances that would invalidate it.
Thoughts?
-At the time of separation Mom had been unemployed since leaving her job in December 2006 in order to be at home with Child and take care of him full-time. As such, Dad agrees that Mom is entitled to spousal support in the amount of $1,075.00 per month until such time as Child is attending school full days and she can seek employment. Mom agrees that she must make every effort to become self sufficient by September 2013.
-Mom agrees that spousal support is fixed at the amount of $1,075.00 regardless of any post-separation increases in salary.
-Mom’s entitlement to spousal support shall be reviewed as of September 1, 2013 as it is expected that Child will be attending school full-days by then. If the parties are unable to negotiate a satisfactory resolution of this issue within 30 days, either party may commence a Court proceeding to deal with this issue.
It appears that everything is on track. Our child will be in school full-time. I have approached my ex and offered some transitional support in the form of an extra $200/month in child support for one year. In e-mail she agreed with this proposal. Now I have had an amending agreement drafted which includes clauses terminating entitlement to spousal support due to the clauses above, and adding $200/month transitional support for the 2013/2014 school year.
However now she says will refuse to sign anything that ends spousal support... I was rather confused she had already agreed a few weeks before to the transitional support. She previously indicated in her e-mails that she does not want an extension of spousal support. She is also working now, making some income by running a home daycare. She has multiple university degrees and other certifications but doesn't want to send our son to a daycare so that she could work outside the home. However, that is her decision and she should be dealing with the financial consequences of that decision at this point, not me. She did, after all, receive an unequal division of assets totalling more than $70,000 in addition to the support she has been receiving. I agreed to that in order to avoid court.
I am unsure of the correct way to conduct this "review" for entitlement. My son will be in school, so by my reading, SS will simply terminate and no further agreement or court order is necessary. She seems to believe otherwise... even though she already agreed in writing as to what should happen in September which included a generous to offer for transitional support above and beyond what I am required to pay.
She is very hard to deal with and very controlling. I am leaning towards ceasing further communications with her to try and get an amending agreement when no amendments are really necessary. I will simply increase my CS on July 1st (based on my NOA), cease SS and pay some extra CS in September, and ignore her. It would seem to me that if she believes she is entitled to more SS it would be up to her to motion for a change, although it would seem unlikely to succeed given the agreement and that there have been no circumstances that would invalidate it.
Thoughts?
Comment