Spousal Support calculation

[Mominneed]

Someone mentioned on another post that spousal support is not recaculated. I need someone to help me figure it out in my situation!

Judge has suggested in case conference that I should be paying my x spousal support for 2-4 years. We split in 2009 and I know the amount that would be payable based on our 2009 tax returns. However, my x has never agreed to the amount (or anything else for that matter) but we have a temporary order in place to deduct it from child support.

My question is, if I made more money in 2010 and he makes less, would I end up forced to pay more spousal support? I'm struggling to make ends meet with the legal fees and am not considering self representing but if there were no consequences to working more hours for extra cash, I would do it.

Please help!

[Mess]

Not sure what you mean by he didn't agree. Case conference orders are on consent, meaning both parties agree.

In any case, you don't have a final order so any future order could be based on current income. You are required to submit updated financials each conference and before trial. The purpose of all the conferences is to encourage the two of you to reach a settlement out of court before that happens. The settlement can be a compromise amount, it doesn't have to be what would be decided at trial. At this point the bigger question is not a few dollars more or less on your next income tax return, it is whether you and your ex are willng to move your demands and expectations at all. Is he willing to move? If not, then yes you may end up paying according to your full income.

[Mominneed]

I guess he hasn't agree to anything "final" so the current arrangement is an interim order based on the highest possible calculation for spousal support. We've got no equalization, matrimonial property and back CS/SS agreed to and the other party hasn't been willing to settle even towards judges recommendation.

So I take this to mean that I could still be ordered to pay should my income increase. Guess that means I'll be going into debt until this charade is over and then I'll find a second job to pay it off.

Not a great situation but not left with too many choices. Jeez, this process is horrible!