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Does SS increase when CS is done?

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  • Does SS increase when CS is done?

    A very bitter friend of mine was married 25 years. Found out her Financial Planner Husband was cheating on her and he left. She never worked. He paid her spousal and child support.

    They had two adult children; one for which she received child support. That has ended as the child is no longer a dependent (school is done) and my bitter friend texted her ex husband saying she will be asking for more Spousal Support now that his income is higher from not having to pay child support.

    I thought this canít be true, but after some research I see it is possible. I should mention her separation and final divorce settlement went rather quickly (in my mind) and took place in a span of 2 years.

    Any thoughts?

  • #2
    I was married 30 years and date of separation to divorce was under 1 year (only benefit of divorcing for adultery). My ex and I have to exchange financials every year. Any material change of circumstances is fair game so-to-speak for review. However, one would assume that in this situation the child no longer being a child of the marriage someday would have been anticipated? Is there not wording in the document that specifies that SS would be reviewed at this time? Any catch-all blurbs about steps to achieve self-sufficiency? Or did they not use lawyers?

    Of course your friend is bitter. She didn't devote 25 years of her life to the man/family only to have to put up with this nonsense. Hopefully she will discover some day that the best revenge is to live well and be very happy.

    The "Financial Planner" husband will know and appreciate that spousal support is 100% tax deductible for him. Hopefully the recipient understands that an increase in SS is an increase of taxable income for her.
    Last edited by arabian; 04-06-2019, 07:43 AM.

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    • #3
      Does SS increase when CS is done?

      My mothers agreement said the number would not change when we finished school, cs would simply become ss. But it was a very small amount so take that with a grain of salt.

      Might be worth your friend seeing a lawyer. And possibly a therapist to move past her bitterness and see how awesome life is. Who knows, maybe thereís a man out there who was also shafted and wants a long term relationship with a wonderful lady who devotes herself to their relationship! Life doesnít end at the date of divorce!

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      • #4
        To be honest sheís more of a friendís friend. Iím not a fan of hers particularly. Bitter is an understatement.

        They both had lawyers to manoeuvre through their separation and agreement. Her youngest daughter has now finished school, found a job and will be moving out so my friend will be home alone.

        I am not well versed in child support v spousal support as I am only receiving SS and we have yet to reach a settlement after three years of separation. Our kids are all over 20; 2 in school and donít live at home.

        I always thought once child support was finished, the payor would be happy. To find out he may have to pay more in spousal support because child support is completed is surprising to me.

        Ultimately I donít care. Itís not my business. When she said she was going to ask for more SS I was taken aback. She lives very comfortably as is.

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        • #5
          Originally posted by Karma2016 View Post
          When she said she was going to ask for more SS I was taken aback. She lives very comfortably as is.

          More than likely part of the bitter. Some people carry the attitude of punishing their ex.

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          • #6
            she can ask.... but she may not be successful. A competent lawyer will advise her that sometimes these things have a way of backfiring (like bringing focus on to her outstanding efforts to become self-sufficient right?). She may have been awarded "indefinite" spousal support due to the length of marriage, but that indefinite amount may end up being reduced. Depending on their situation (age at time of separation is just one example) the outcome may not be what she wants it to be. Sometimes things are best left alone....

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            • #7
              As Child Support is (supposed to be) for the child, I don't see how she can justify an increase in SS.

              However, SS is the "Wild West" of Family Law, and they could have just about anything in their separation agreement. Your friend should start there.

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              • #8
                Spousal Support has 2 calculations for with and without child. When cs stops, a motion to change can be brought to 'crossover' and calculate ss using the new without child formula. Less likely for shorter marriages, but more likely with longer marriage and cases where income/support priority went to cs with less remaining for lower ss.

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