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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-11-2016, 01:02 AM
hdc1894 hdc1894 is offline
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Default Change in income question

Hi,
I think I have a good understanding of what my ex has to prove if my income goes up post-separation for her to get an increase in spousal support (she has to prove that any increase is a result of sacrifices she made to help me further my career) but I am not sure what would be the case if, when she provides me with her income information, her income goes up significantly? Would I adjust my payment automatically downwards? Would I need to go to court to do so? Would the courts rule that support should be adjusted based on an increase in income?
What I am trying to do is use this as a bargaining chip in a negotiation I have going on right now as in "if I am required to to pay monthly vs a lump sum settlement, this will be what you will have to put up with scenario.". Or does this not qualify as a material change in circumstance and I would not be able to apply anyway because I should have anticipated that her income would increase before signing a separation agreement?

Hopefully this makes sense!
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Old 04-13-2016, 02:44 PM
ifonlyihadknown ifonlyihadknown is offline
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Default

Do you have a separation agreement? What does it say about post-separation changes in income? Does it define "Material Changes in Circumstances" than can trigger a review.

I doubt you can unilaterally pay her less.
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