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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 12-08-2010, 07:37 PM
426 426 is offline
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Default Changing Spousal Support Order


First time on site.

I separated in 2004, divorced in 2007. I settled outside court room doors and have paid child support (no problem with at all) as well as spousal support in the amount of $1400 monthly.

My ex was gainfully employed and has remained so ever since. She has even started a business venture related to er full time job. The matrimonial home was moved to her name and all furniture remained. She lived in the home for the last 5 years then recently leased the house out and now lives in a 2 bedroom condo. What bugs me is her intent to go after me for more spousal. My spousal amount was paid on earnings approx $25,000 below what I now make.

The agreement has on opener to revisit the spousal amount and term since 2009.

She appears to be doing pretty darn good and does not appear (to me at least) the posterchild for support the rest of her life. I am more than happy to continue paying current rates for three more years but want her entitlement to end.

Questions:

Is she entitled to more money based on post divorce year earnings?

Do I not have a good counter argument to lessen and or terminate support now.

Any word of advice....

Thanks
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Old 12-08-2010, 08:10 PM
piggybanktoex piggybanktoex is offline
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She may try to get it thru CS, if not SS. Either way it's money in her pocket.....
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Old 12-08-2010, 09:37 PM
HammerDad HammerDad is offline
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If you are earning more income, you are obligated to increase your child support to the table amount.

As for spousal support, she would have a really tough argument to make. She is doing better herself, and while you may be doing A LOT better now, she shouldn't be entitled to any increase thanks to your hard work. I would counter that her standard of living has increased also, notwithstanding your support and has a much greater earning potential now.

If she opens that can of worms, I would compare salaries and if hers (hers also including c/s and current ss) has crept over the 45% of your income, I would argue for status quo first. If it has increased a lot more and you are now near equals, I would argue to terminate.
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Old 12-08-2010, 10:50 PM
426 426 is offline
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Default Spousal Support

Thanks for the reply.

I have always increased child support with table amounts. I certainly like the way you think as well. It seems the messsage from lawyers is that Judges dont like to give end dates for spousal. Pretty sad when you think about it. I feel there should be an end date with openers if the circumstances change but in the end the receiver should be burdened with mounting a case to extend spousal payments at a pre-determined time in the future.
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