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  • #16
    The separation agreement was finalized 2years ago. In the agreement we revisit spousal support every August. Last August when we sat down to review the spousal support the computer spit out a number of zero because she finally had to use the business amounts she should have used during mediation.

    So that's my issue. Had we did mediation with the current 2009 totals the computer would have said her amount of entitlement would have been zero which would have drastically changed our negotiations for spousal support. In fact the mediator probably would have looked at our salaries and determined them to be fairly equal and therefore no spousal support would be granted. But because we had to use her 2008 income which was considerable smaller,they granted her spousal support.

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    • #17
      Originally posted by cashcow4ex View Post
      The separation agreement was finalized 2years ago. In the agreement we revisit spousal support every August. Last August when we sat down to review the spousal support the computer spit out a number of zero because she finally had to use the business amounts she should have used during mediation.

      So that's my issue. Had we did mediation with the current 2009 totals the computer would have said her amount of entitlement would have been zero which would have drastically changed our negotiations for spousal support. In fact the mediator probably would have looked at our salaries and determined them to be fairly equal and therefore no spousal support would be granted. But because we had to use her 2008 income which was considerable smaller,they granted her spousal support.
      So basically you paid SS for a year what you should not pay at all... I would consider to bring motion to get those monies back. Base on what you wrote that will give you some closure. Just make sure you keep positive balance between what it will cost you to get it back....

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      • #18
        Thats correct workingdad. I paid my first year of support when I dont think I would have if she disclosed her 2009 earnings.
        I am fine with that first year. I am not fine with the seperation agreement saying she is entitled to 7-15 years of support. Even though its been almost a year I havent had to pay her, its still being held over my head. Because she runs a home daycare her business can go up and down. I dont want to be her money back up if she decides to reduce her kids for a year to take a break. I also have to maintain a life insurance policy to cover the 15 years of support at $300 a month in the event of my death.

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        • #19
          Originally posted by cashcow4ex View Post
          Thats correct workingdad. I paid my first year of support when I dont think I would have if she disclosed her 2009 earnings.
          I am fine with that first year. I am not fine with the seperation agreement saying she is entitled to 7-15 years of support. Even though its been almost a year I havent had to pay her, its still being held over my head. Because she runs a home daycare her business can go up and down. I dont want to be her money back up if she decides to reduce her kids for a year to take a break. I also have to maintain a life insurance policy to cover the 15 years of support at $300 a month in the event of my death.
          A layoff sample is not a marital asset until enacted: stand fast on that one, because the courts would want that in place in the event that termination happens and support needs to be continued.

          You have two paths to resolution: mediation and motion

          If you are dissatisfied with current mediator, find a new one. But beware that you can't keep trading them in until you find satisfaction. Mediation requires sawing-off at some point.

          If you pursue a motion you will be in it for the long haul. You can file a motion to vary support under change in material circumstances clauses of the divorce and family law acts. This will become an issue of burden of proof.

          If you are looking to reopen the agreement's other elements, such as duration of support, you will not have an easy time of it. Courts are reluctant to enter into issues of 'separation agreement remorse'.

          However, if you rely on SSAG for support calcs and it comes out with a number of $0....then duration isn't going to be an issue, is it?

          Suggestion: Focus on current amounts, either through mediation or the court. Once you've got it adjusted down to $0 through either method, the ball will be in your court. If your ex decides to deliberately reduce her income in following years, she will have to argue the reasonableness of that reduction at a new motion she will have to bring: the burden to prove that she shouldn't have income imputed to her will be her row to hoe.

          If you go to a motion, you can throw in a request for repayment of previous over payments. You can try a reopening of the agreement duration clause too, using SSAG's recommendations, but that's going to be extremely tough.


          And dude, I don't even know what to say about dog support.

          FG

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          • #20
            Originally posted by cashcow4ex View Post
            the seperation agreement saying she is entitled to 7-15 years of support.
            How long was your marriage? The normal duration for SS is 1/2 year to 1 year for each year of marriage. Were you guys married 15-30 years?

            Again, mediator bent you over on that one if you agreed to it.

            Did you get your agreement reviewed by a lawyer and receive independant legal advice? Or did your mediator draft up the agreement and you both signed without seeking further advice?

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            • #21
              Originally posted by HammerDad View Post
              How long was your marriage? The normal duration for SS is 1/2 year to 1 year for each year of marriage. Were you guys married 15-30 years?

              Again, mediator bent you over on that one if you agreed to it.

              Did you get your agreement reviewed by a lawyer and receive independant legal advice? Or did your mediator draft up the agreement and you both signed without seeking further advice?
              We were married for 9 years but together for 15 years. I did seek legal advice and he reviewed the agreement. Everyone thinks I got off easy because of her suposed low income. Everything would have turned out much differently had she gotten her taxes done for 2009 (36,000 after tax) and used them for mediation instead of the (16,000 before tax in 2008).

              This is why I am thinking that if she comes back to me this august and says she wants her SS back. I will let her take me to court and take my chances with a judge. She will have to report her current actually income and not the income from 2008 when we lived in the country and her daycare suffered.

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