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  • Interim support credit

    Hi

    So when we look at number of years for spousal support, do the years spent on an interim order count?
    Currently i have 6 out of 14 days.

    Like I was cohab/married less than 6 years..assume kids will either be 5050 or.me primary. Both are in school full-time at time of separation. Ex deliberately got rid of nursing liscence and thus couldn't work during the pandemic.

    I have done 2 years thus far of interim support and this likely won't be settled for another year. For short marriages that fall on low range of support (which is what my SS is based on now..supposed to be 50 percent ndi) it's 3 years to 6 years.

    Just looking for anyone's thoughts on this.

  • #2
    Yes, the years of interim support start from the date of seperation. So interim orders get counted into the total. It is more of an art than a science; most judges retroactively decide what the SS should have been and then credit the actual amount paid, some just eyeball it and figure paying ANY SS is good enough but maybe Order higher/longer SS going forward to compensate.

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    • #3
      Thx...

      Turns out I've been overpaying her massively based on my true income for 2019 and moreso now due to pandemic. We put them on notice of both back in April but it's been crickets.

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