Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Alimony & Spousal Support
Reload this Page Modifying Spousal Support

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-13-2007, 10:48 PM
Junior Member
  
Join Date: Mar 2007
Posts: 4

Modifying Spousal Support

What is the name of your state? Ohio

My fiancee is paying spousal support for the next 5 years. He is due to retire in 3 years. Can he have the amount of support modified due to a change in income?
  #2  
Old 03-13-2007, 11:51 PM
Senior Member
  
Join Date: Feb 2005
Posts: 3,350
You are free to argue against the motion for support change. Your arguments can include
1. that he was aware of the retirement date at the time the original support order was entered.
2. That after 3 years he is willfully unemployed. He should either continue working or find another job for the remaining 2 years.
  #3  
Old 03-13-2007, 11:59 PM
Senior Member
  
Join Date: May 2005
Posts: 7,062
Quote:
Originally Posted by Some Random Guy View Post
You are free to argue against the motion for support change. Your arguments can include
1. that he was aware of the retirement date at the time the original support order was entered.
2. That after 3 years he is willfully unemployed. He should either continue working or find another job for the remaining 2 years.
I don't think that the OP would WANT to argue AGAINST the modification since she is the new fiancee.
__________________
Whatever women do they must do twice as well as men to be thought half as good. Luckily, this is not difficult.

Carpe Ominous
  #4  
Old 03-14-2007, 12:18 AM
Senior Member
  
Join Date: Feb 2005
Posts: 3,350
Dang, forgot how to read.
  #5  
Old 03-14-2007, 07:44 AM
Senior Member
  
Join Date: Dec 2005
Location: Ohio
Posts: 31,781
Actually OP what does the order state? If it states non-modifiable then he will not be able to get it modified at all regardless. ESpecially since he should have foreseen his retirement.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #6  
Old 03-14-2007, 08:44 PM
Junior Member
  
Join Date: Mar 2007
Posts: 4
His support is modifiable according to the decree. At the time of the divorce 7 years ago, he brought up the fact that he will retire in 2010 but it was a non issue according to the court. Plus, when he retires the ex gets half his pension. Should he have to pay spousal support on top of that?
  #7  
Old 03-14-2007, 09:09 PM
Senior Member
  
Join Date: Dec 2005
Location: Ohio
Posts: 31,781
He can go back and try to modify it but it may not go anywhere.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #8  
Old 03-14-2007, 09:10 PM
Senior Member
  
Join Date: Nov 2005
Posts: 4,248
Quote:
Originally Posted by Pkpink1 View Post
His support is modifiable according to the decree. At the time of the divorce 7 years ago, he brought up the fact that he will retire in 2010 but it was a non issue according to the court.

A non-issue is a non-issue.

Plus, when he retires the ex gets half his pension. Should he have to pay spousal support on top of that?
If that is what is decreed, YES. Let us save you some time.

Your "fiance" has been hamstrung by the court at the insistance of his ex.

Do you still want him?
Reply

« Previous Thread | Next Thread »


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Linear Mode Linear Mode
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 06:43 AM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top

IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.
FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.