modifying spousal support

azwildcat74 · 2022-05-03T13:16:40+00:00

And this is the perfect example of why you don't give away a SINGLE FUCKING THING that you don't have to. Fuck their soft landing, make one for yourself.

NothingIsEverEnough · 2022-05-03T12:54:20+00:00

You’d have to read your order. Most spousal support orders are written to be non modifiable with the exception of death or the spouse getting remarried.

hubetronic · 2022-05-03T13:17:50+00:00

[permanently deleted]

fhl415 · 2022-05-03T19:38:04+00:00

If you decide to take legal action do not use the lawyer you used for the divorce!! You were clearly not counseled properly. A good lawyer saves you from yourself.

60orlando · 2022-05-03T13:41:07+00:00

My settlement agreement allows for the termination of spousal support if my ex gets remarried or enters into any other form of supportive relationship. I guess it depends on the state you are in. I'm in FL.

sicrm · 2022-05-03T13:47:54+00:00

how much longer do you have to pay?

there’s a good chance what it’ll cost in lawyers, and the venom you’ll get from her plus how she’ll try to make you the bad guy to your kids and anyone that’ll listen would make the whole thing a Pyrrhic victory.

the best time to set the tone for post-divorce life is before everything is signed.

mehmench · 2022-05-03T15:55:24+00:00

If you were in California, her cohabitation would be enough to re-evaluate it to lower it. You would have to be able to prove she was cohabitating with a romantic partner.

GoofBallz913 · 2022-05-03T14:33:00+00:00

Believe it will depend largely on your state. As someone mentioned already, my state specifically states spousal support will end when "the cohabitation (as defined by the then-current state law) of the maintenance recipient with a non-relative adult (regardless of gender) in a marriage-like relationship" .

jimsmythee · 2022-05-03T16:14:36+00:00

Check your divorce decree.

It'll either say "modifiable" or "non-modifiable". Or some language to that effect.

redveinlover · 2022-05-03T21:17:21+00:00

No good deed goes unpunished. Unless she is stupid and gets remarried or gets a high paying job it sure looks like you’re hosed.

pegleg_legal · 2022-05-04T08:22:01+00:00

Spousal support is typically non-modifiable. Read your settlement agreement.

Knave7575 · 2022-05-03T13:46:16+00:00

What does your separation agreement say? Under what conditions is spousal support open for review in your agreement?

VintageSheppard · 2022-05-03T14:34:14+00:00

Double edge sword buddy! Usually a modification requires a new financial disclosure from both parties. So, if you got a raise or additional funds and she has less now, the court is going to say you have to pay more. Rarely do you get an order that says you get to pay less. Probably best case scenario is getting more time with the kids, or getting to claim them as dependents every year on your taxes.

derelictherds · 2022-05-03T22:04:14+00:00

What does your decree say about modifying alimony? Your lawyer should have (at minimum) included verbiage that covers conditions for modification and/or termination of alimony. This is done to address future scenarios involving cohabitation, remarriage, and/or changes in ability to pay. If this isn't spelled out in the decree then cross your fingers, say a prayer, and check the alimony law for your state.

Edit: Don't mention anything about your intent to reduce/terminate alimony to your ex (or anyone else except for your lawyer) until you know exactly what you're up against. IMO your first step is to determine whether or not cohabitation affects your obligation to pay support. If so, then you have to come up with a plan to prove she's living with the bf. Proving someone is cohabiting can be a PITA depending on where you live(really comes down to how the state in which you reside defines cohabitation). Your lawyer should be able to offer guidance there... if not, find a different lawyer.

MobileFlatworm3233 · 2022-05-04T02:35:33+00:00

Yeah it typically won't change unless she gets remarried..how much longer do you have to pay?

1Wayward_s0n · 2023-03-02T21:59:58+00:00

Need a little more information. How old are the children? I have a similar arrangement where I have my daughter 50% of the time as well- however her mother and I were not married prior. Second, and I’m sorry if you’ve said this is past post that I didn’t read, was there a prenup? Last, what is your current relationship like with her- as far as coparenting and just overall getting along? (These are important to ask in order to give you what I think would be best course of action. That has been my experience as my daughter has gotten older and her mother and I have gotten along better, proposals are now easier to make between ourselves that are fair and without the court intervening and convincing her she deserves more and should continue to do less.

Title	modifying spousal support
Author	hubetronic
Upvotes	18
Comments	34
Date	May 3, 2022 12:46 PM UTC (4 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/uhfb3a/modifying_spousal_support/
Archive Link	https://theredarchive.com/r/Divorce_Men/modifying-spousal-support.1115743 https://theredarchive.com/post/1115743

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