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How to terminate spousal support

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  • #31
    I truly hope you are successful. However, some advice - lawyers will blow smoke up just about anyone's arse if they smell money.

    If you are smart you will be very, very careful in asking your lawyer to lay out their game-plan... step by step. Get an estimate of your costs from them and make sure they put it in writing.

    If you have a legitimate change of circumstance you can request a review.

    Difference in income is a very big reason for SS. Does your SA agreement require the two of you to exchange financials every year? That statement is in there for a reason.
    If you had legal counsel at the time of signing the SA your argument of duress will likely go nowhere.

    I agree that having no termination date after an 11 year marriage was shoddy legal work. Hopefully you have since retained a better lawyer?

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    • #32
      Originally posted by Links17 View Post
      you shouldn't have even consented to spousal support. honestly you screwed yourself

      out of curiousity what do you do that you earn 200k but that dumb to give her spousal?
      qft qft qft qft

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      • #33
        the lack of termination clause is not unconscionable, not even close

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        • #34
          I just looked back at the poster's earlier post and I am still shaking my head about this:

          Spousal support may be varied if there is a material change in circumstances, even if the change was foreseen or foreseeable. The change may be:
          (a) in either party's financial position;


          So every time you get a raise... investments do well.... you hook up with a rich woman... according to your agreement the current agreement can be reviewed.

          This agreement is definitely written by lawyers who HOPE that you and your ex go through life's routine changes and HOPE that your relationship remains acrimonious. This is a blank cheque for the lawyers.

          You might find that you need to interview more than 3 lawyers to find the right one who can intelligently set out a plan of action for you WHICH HAS AN END IN SIGHT. I think you are going to have to seriously consider a serious offer to end this madness by way of a generous lump sum.

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          • #35
            I have had many discussions with a new lawyer. We reviewed all financials as we should have done in the beginning. The mediator we used did not do a proper NFP statement and our respective lawyers at the time didn't question it.

            What I discovered after getting proper statements and valuations is that my ex owes me about $60-$80k (depending on how the house is valued). I stayed in the home and she stopped paying the day she moved out, so I am entitled to the 15 months increased in value. I have a report from our local Real Estate Board that shows a 17% in average sale prices in the year I stayed. We sold it after 13 months of being separated.

            My lawyer said we can move to have the SA set aside based on the faulty NFP statement. He said it's an uphill battle but there are so many errors that it may be worth it.

            Has anybody had a SA set aside?

            Comment


            • #36
              Originally posted by anonymous View Post
              Has anybody had a SA set aside?
              It is hard to set the whole thing aside. There may be a clause that you can get updated to clarify things or align to law. But, to get the whole thing thrown out you have to have a really good reason. Having a crappy lawyer is not a good enough reason.

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              • #37
                Not looking to set the whole thing aside, just fixing the NFP statement which would have affected Spousal Support. If she had owed me $60k, that would have changed spousal. I'm thinking a $60k error is significant enough to revisit/review.

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                • #38
                  Originally posted by anonymous View Post
                  What I discovered after getting proper statements and valuations is that my ex owes me about $60-$80k (depending on how the house is valued). I stayed in the home and she stopped paying the day she moved out, so I am entitled to the 15 months increased in value.
                  Don't forget about occupational rent.

                  You owe her rent for the time you were staying in the house that she partially owned.

                  Coincidentally, most judges find that the occupational rent is exactly equal to her share of the payments you made on the house after she moved out.

                  Therefore, she shares in the increases in the value of the house.

                  anybody had a SA set aside?
                  Don't count on it. You had representation, you are not in need of SS, and you don't have primary custody of children. You are dead in the water.

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                  • #39
                    you can sue your lawyer if they did not do due diligence and made a mistake that cost you money. and you can sue them for exactly what it cost you or will cost you

                    been there , done that

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                    • #40
                      If your ex is going to file a motion to vary support, you should absolutely use this as an opportunity to terminate support or insist on a future termination date. I agree with other posters that you should not be paying any support, but since you signed off on your SA with legal representation, you are unlikely to have it terminated immediately. So, you should insist on a reasonable future termination date and a gradual decrease in the monthly amount you pay. Given that you already agreed to pay SA, the maximum termination date based on an 11 year marriage and your ex's financial situation would be an additional 2.5 years on top of the three you have already paid.
                      I disagree with negotiating a lump sum buyout, because it is not tax deductible.

                      Even if you are unsuccessful, you should count your blessings. There are big time losers in the SS business. I for instance pay 3K a month for CS and SS on one third of your salary, to an ex who refuses to work. Keep in mind you can easily blow through 20 to 30K in legal fees which would be the approximate amount you will pay in SS for the next 2 years. I would have your lawyer formally recommend non-binding mediation to negotiate the SS. Your mediator should be an experienced lawyer or ex-judge in the know, not someone right out of university with minimal experience. You have nothing to lose and it will not look good on her part if she declines mediation, should your matter go before a judge, and could have an impact on seeking costs in the event you "win". (no-one ever wins in family court).

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                      • #41
                        Update:
                        it's been 1 year since I first posted. I would like tell everyone that as of yesterday, I am free and clear of spousal! Cost me $30k lump sum but she will never be able to come back at me no matter what my income goes to. Lawyers fees = $13k. The lesson I taught her = priceless. She thought she was going to get $2,100/month for another 9 years! HA!

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                        • #42
                          Good for you.....gold-digging entitled women are a pain.....I'm not free until 2027

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                          • #43
                            congratulations. I believe if you look back in this thread I recommended lumpsum settlement so I'm glad that worked out for you.

                            All the best to you in the future!

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