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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 07-30-2011, 05:09 PM
rmccallion rmccallion is offline
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Default Countering "Reduced Standard of Living" Argument

One of the reasons why my ex is listing as justification for spousal support is "reduced standard of living". I really don't see how her standard of living is impacted at all to be honest, especially since she's now making $61k (on the separation date, she was making $45k so she's actually doing pretty well for herself).

Two questions here:

1. First of all, I assume that she needs to provide arguments to backup her claim of reduced standard of living? I can't imagine that someone can just put a claim out there and not back it up, but you never know!

2. Any advice on how to present my own arguments and "evidence" that she is not suffering at all? I've done a preliminary analysis and figured out that she actually has enough monthly disposable income (after taking out monthly expenses: car, rent, utilities, credit cards, etc...) now as she did on the separation date so I'm not sure of her logic for claiming this. I will mention that she lives in as good of an area and she has an equivalent car (almost new). I look at her financial disclosure and I just don't see her rationale. Any thoughts?

Rick
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Old 07-31-2011, 12:58 AM
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May_May May_May is offline
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Rick...I haven't gone through this...but from a female's perspective...of course I'd expect my standard of living to increase after my separation/divorce ! Why should it be impacted negatively ? sheesh...

I've read this again and again through this forum...I do not understand why one partners standard of living should increase, and the other who is paying be reduced to minimum standard of living. This is a major flaw in the process...

Good luck-I'd also like to know as I'll likely be paying my ex SS if he has it his way...
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Old 07-31-2011, 01:17 AM
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Originally Posted by May_May View Post
Rick...I haven't gone through this...but from a female's perspective...of course I'd expect my standard of living to increase after my separation/divorce ! Why should it be impacted negatively ? sheesh.....
my goodness.
how naive.
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Old 07-31-2011, 08:31 AM
rmccallion rmccallion is offline
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Quote:
Originally Posted by May_May View Post
Rick...I haven't gone through this...but from a female's perspective...of course I'd expect my standard of living to increase after my separation/divorce ! Why should it be impacted negatively ? sheesh...

I've read this again and again through this forum...I do not understand why one partners standard of living should increase, and the other who is paying be reduced to minimum standard of living. This is a major flaw in the process...

Good luck-I'd also like to know as I'll likely be paying my ex SS if he has it his way...
I think that it is a flaw, you're right. I do want to just kind of clarify something though, the issue is more about establishing IF there has been a change in the standard of living post-separation. Even before looking at should one person's change (at the expense of the other) there's a more fundamental question about how to evaluate if there has been a change. I think that the answer to this is probably me looking very closely at expenses and income pre and post separation and comparing. Certainly, we weren't the type to live high off the hog, it's not like we took vacations 3 times a year and know she can't afford gas for the car.

I think too that my other question is especially relevant, in that if she is making a claim for SS based on this alleged reduced standard of living, then the onus is on her to provide evidence of such.
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Old 07-31-2011, 12:18 PM
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my goodness.
how naive.
I thought she was being sarcastic.
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Old 07-31-2011, 01:18 PM
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how naive.
Read through my entire post. It was mean to be extremely sarcastic.
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