Reduced Spousal

[Bassix]

If my ex made more last year than was originally used to calculate spousal support payments, am I entitled to claw back payments? Or just have payments reduced moving foward? Going through an arbitrator of course.

[Janus]

Standard Response: What does your agreement say?

Likely Answer: Unlike CS, SS is not reviewed very often. I doubt you get anything back.

[Links17]

I entitled to claw back payments? Or just have payments reduced moving foward?

Probably neither - but lots of context is needed.

[Bassix]

Spouse declared 25k as income on agreement two years ago when agreement signed. Now making 50k. Agreement says I can go to arbitration to review. But you think only CS can be reviewed?

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[standing on the sidelines]

does your order specifically state the ss can be reviewed if your ex makes more money?

[stripes]

CS is always tied to parental income and should be updated annually as parents report their income for the previous year. With SS, there are no hard and fast rules, it all depends on what your agreement says. If it says that SS will be reviewed if the recipients earns more than $XXX, then you can seek to have it reduced and it should be pretty straightforward, assuming you have proof of income. If you don't have specific language in your agreement tying it to your ex's income, you can still seek to have the agreement changed, but be prepared for an uphill battle.

What exactly does your agreement say?