We are set for trial very soon, but we seem to be very close to a settlement on most of the issues.
One of the outstanding issues is spousal support.
Children live with me, she does not work, she lives with her boyfriend, does not pay child support. She is not asking for custody, is happy for me to retain sole custody, she seem them EOW.
I included a clause in the settlement proposal to say that she would not receive any spousal support and would not make a claim for spousal in the future.
However, her lawyer refuses to agree on that clause, wishing it to state that she will not receive any spousal support "at this time".
The lawyers reasoning is, that as she is developing a physical problem that "may" render her disabled at some point in the future, she might want to file for spousal support later.
My question is, as she pays no child support for the children, and is planning on re-marrying soon, can she come back later and successfully claim spousal at some undetermined time in the future? It doesn't seem fair if she comes back 10 years from now, married to someone else, having paid $0 towards the upbringing of the children. (she states she has no intention of ever getting a job)
Shall I just let them leave the clause as saying "at this time" or let a judge decide on this?
Thank you
One of the outstanding issues is spousal support.
Children live with me, she does not work, she lives with her boyfriend, does not pay child support. She is not asking for custody, is happy for me to retain sole custody, she seem them EOW.
I included a clause in the settlement proposal to say that she would not receive any spousal support and would not make a claim for spousal in the future.
However, her lawyer refuses to agree on that clause, wishing it to state that she will not receive any spousal support "at this time".
The lawyers reasoning is, that as she is developing a physical problem that "may" render her disabled at some point in the future, she might want to file for spousal support later.
My question is, as she pays no child support for the children, and is planning on re-marrying soon, can she come back later and successfully claim spousal at some undetermined time in the future? It doesn't seem fair if she comes back 10 years from now, married to someone else, having paid $0 towards the upbringing of the children. (she states she has no intention of ever getting a job)
Shall I just let them leave the clause as saying "at this time" or let a judge decide on this?
Thank you
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