Negotiated a Separation Agreement 3 years ago. Had 3 university aged children and all are done school, so CS obligations have now ceased. The SA was negotiated with legal counsel present and all affidavits signed accordingly.
SA states that Spousal Support is to be paid at $XXXX per month. It is a FINAL amount, however may be reviewed and varied if there is a material change in circumstance, regardless of whether the change was foreseeable or not.
My ex is claiming that now that CS is done, this is a material change and therefore, spousal support should be varied accordingly. I said no, this is not a material change because this was known at the time that CS would end in a few years and they could have asked for higher amounts then but didn't.
My lawyer is saying "it can be considered..." but I am seeking other perspectives, even a second legal opinion.
Thoughts anyone? Does the end of CS meet the material change test that seems to be well established/defined?
There appears to be case law that supports both view, as usual.
Thanks.
SA states that Spousal Support is to be paid at $XXXX per month. It is a FINAL amount, however may be reviewed and varied if there is a material change in circumstance, regardless of whether the change was foreseeable or not.
My ex is claiming that now that CS is done, this is a material change and therefore, spousal support should be varied accordingly. I said no, this is not a material change because this was known at the time that CS would end in a few years and they could have asked for higher amounts then but didn't.
My lawyer is saying "it can be considered..." but I am seeking other perspectives, even a second legal opinion.
Thoughts anyone? Does the end of CS meet the material change test that seems to be well established/defined?
There appears to be case law that supports both view, as usual.
Thanks.
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