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Old 11-25-2020, 12:56 PM
DavidMills DavidMills is offline
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Join Date: Nov 2020
Posts: 5
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Originally Posted by Janus View Post
Hopefully your name is not David Mills then .

Might want to consider starting an anonymous profile.

Indeed! My name is not David Mills - thankfully.

Do you have a separation agreement? What does it say about spousal support? What have you been paying in spousal support for the last 10 years?

I have been paying $10 a month for spousal support - yes.. ten.

All it says is that spousal support "may" increase if financial situations change.

Do you have less than 40% parenting time?

I have them 6 nights out of 14, but one of those is only an evening that does not constitute an overnight stay. So yes, I do have them less than 40%.

Seems like she took at least 2 years off from her job. Might be presumptuous to assume that this had no impact.

Also, since it sounds like you have been paying spousal for the last 10 years, it sounds like you agreed (10 years ago) that she was in fact due compensation for her losses incurred during the marriage.

Agreed. She did take two years (one year per child) of mat leave, but returned to her pervious position without consequence.

It sounds like it will depend quite a bit on what it says in your separation agreement about spousal support.

We don't have a separation agreement; instead we have a court order based on a case conference and subsequent agreement. Apparently, this is different than an official "separation" agreement.

If I had to bet, I would say that she has almost no chance of having it increased, with the caveat that if you have a lousy agreement you could be stuck paying it.

Also, if you have less than 40% parenting time, and she is broke, the courts might make you pay anyway, even if it would be otherwise unfair.

Thank you kindly for your advice - it is greatly appreciated.

Sure thing "D" mills. I like how you cleverly changed "David" to "D" in order to keep it anonymous.
I am a bit more clever than to use my actual name on this forum.
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