Is it customary for spousal support to be updated each year (if your salary changes) like child suppport does?
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Does spousal support vary like child support
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It really depends on a lot of factors. SS is not black and white. It would depend if it's compensatory SS or non-compensatory.
If it's compensatory, there's an argument to be made that SS should increase if the payee receives a raise. The lower income spouse sacrificed something during the marriage to provide a good education/career to the higher earning. And, the return on these sacrifice will be made after the divorce. So, the lower earning may be partly responsible for the future raises. I have not seen examples of this going to court, but have seen examples in some guides.
If it's non-compensatory, SS is set up to minimize the harmful financial effect of the separation. So, if the lower income spouse suddenly doubles her salary, she is no longer dependent on the SS amount.
In my case, I put forth the argument that she moved in with someone, so that SS would have to be lowered.
The best thing to do is to read the SS guidelines and see if it's worth the hassle and the financial cost to challenge the SS amount.
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It depends on the SS agreement, which can be anything agreed to.
My agreement is based on what happened in the marriage, not after (makes sense to me). My SS pays for her damage to her career due to her staying home with the kids, which in her case was easy to determine because she is a unionized nurse who simply lost experience pay. So her career is damaged a specific amount, lessening every year, for a finite time until she reaches the top pay rate again. I pay a portion of this damage according to a specific table setup in the separation agreement. If she does not work enough to earn the pay raise, or gets a different job, or I make more or less (she did not help or hinder my career during the marriage), the SS does not change. The benefit of this is that it is fair, business like (after all its about money and compensation), but more importantly our future has been severed and our past dealt with. I call this type of agreement 'compensatory'. It if was non compensatory then it would have to deal with disposable incomes and who pays how much for living and how much do you earn etc which to me horribly ties two people together that don't even like each other, which would be awful.
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Originally posted by Darlynn View PostForedeck...
In your case u mentioned that your ex moved in with someone....and u asked for support to be lowered...
My question now is..how does that play out when the opposite is the case?
Does that rule still apply?
Thanks.....
If it's non-compensatory, it's to equalized both households. The courts want the children to have similar standard of living with both parents.
I haven't seen cases where SS was increased when it was non-compensatory. I think, and this is just my opinion, unless the original defense was based on undue hardship, you'd have a hard time arguing to raise it.
Is your situation that you're requesting to raise SS because your ex moved in with someone?
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You should read the spousal support advisory guidelines and the user guide. It'll help you out a great deal.
University of Toronto - Faculty of Law: Faculty Pages
I read this inside/out before preparing my reply for the spousal support, and it calmed my nerves and gave me a few extra arguments.
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Thanks for your reply Looking4Answers,
However, I see that there are other views on this.
When my ex and I we separated 7 years ago, we first dealt with a mediator who indicated that based on our salaries of the day, I would have to pay SS in the amount of approximately $300/month for 7 to 11 years (we were married for 7 years).
Now, seven years later, our separation agreement is still not finalized because my ex eventualy got a lawyer who has been dragging this thing for more than five years. Also, now seven years later, due to several business decisions that have made (post-seperation) my salary has significantly increased and my ex's lawyer now claims that I should be paying approximately $3000/month (that's 10 times the amount that was calculated when we separated!!!). Needless to say, I have a bit of a problem with that, no to mention that my ex was the one who left me for some other guy.
If the financial part of a marriage was compared to a business partnership between two people, then if your partner cheats on you and no longer wants to be part of the business that you shared, then why would the ex-partner still benefit from your success in the future!
I know the system is not fair but c'mon there must still be some common sense somewhere in there.
I have no problem with paying my fair share in CS. We have the children 50/50.
JDaddy.
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You Need to Put Clauses In Effect
You need to cover yourself. If she had a boyfriend, you need to anticipate she will live with him eventually. Therefore, you should of had at least a case conference so you would have the opportunity to put in place some orders. Such as after a year of her living with her boyfriend that spousal would seize.
Law isnt that complicated you just need to think logically, and yes there are statues but it also involves some logic and putting clauses in place to protect yourself.
Stop the insanity, life can be short and getting a divorce should truly not mean till death do we part.
Good luck at ending this for you, I know its hell ....I am stopping the insanity and will look out for my best interest with the help of statutes and common sense.
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