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I was married for 9 years and together for 15 years. We divorced in 2009 and we have 2 children 9 and 5.
At that time we were doing our seperation agreement my ex was able to bury quiet a bit of her income to expenses. She quit her job $15.00 an hour when our first child was born and since has been running a private home daycare. Hence the ability to hide income. (actuals around 36k yearly, knocked down to 14k) My salary at the time was around 58k.
She was awarded SS for 7-15 years at $350 a month and to be reviewed every year. I paid her the SS for the first full year. During the reviewal for the second year, the SS "calculator" spit out a number of $0 monthly based on both our incomes. Her lawyer told her not to give up on the monthly SS as it wouldnt be a good idea. Surprisingly She agreed and I have not payed her for a full year now.
During this second year I received a promotion and am now making much more than I was when we seperated.
My question is this. If we go to court, will the judge look at the last year+ and realize that she has been living comfortably without it and therefore doesnt truly require it? Second question is, is she entitled to gaining financially by means of SS for a promotion I received 2 years after we split up? I think I know the answer but I am hoping for the best.
At that time we were doing our seperation agreement my ex was able to bury quiet a bit of her income to expenses. She quit her job $15.00 an hour when our first child was born and since has been running a private home daycare. Hence the ability to hide income. (actuals around 36k yearly, knocked down to 14k) My salary at the time was around 58k.
She was awarded SS for 7-15 years at $350 a month and to be reviewed every year. I paid her the SS for the first full year. During the reviewal for the second year, the SS "calculator" spit out a number of $0 monthly based on both our incomes. Her lawyer told her not to give up on the monthly SS as it wouldnt be a good idea. Surprisingly She agreed and I have not payed her for a full year now.
During this second year I received a promotion and am now making much more than I was when we seperated.
My question is this. If we go to court, will the judge look at the last year+ and realize that she has been living comfortably without it and therefore doesnt truly require it? Second question is, is she entitled to gaining financially by means of SS for a promotion I received 2 years after we split up? I think I know the answer but I am hoping for the best.
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