Reduction of spousal support

[Azjazz]

What is the name of your state (only U.S. law)? NY
My husband, in an effort to get out of his previous marriage as quickly as possible, agreed to whatever her lawyer presented to him. Hi ex wife had not worked the entire time they were married and her lawyer asked for (and got) $600 a week spousal support. This was based on previous years income tax statements. He is now not making as much as he did then and we would like to petition the court for a reduction. The problem is that we are in AZ and his divorce took place in NY. One lawyer in NY wanted a $10K retainer - we replied that if we had that much money, we wouldn't need to reduce the support. I should add that the ex wife is now employed full time and there is no end date to the support anywhere in the divore papers. Do we have a leg to stand on and how do we get someone to help us?

 

[majomom1]

What is the name of your state (only U.S. law)? NY
My husband, in an effort to get out of his previous marriage as quickly as possible, agreed to whatever her lawyer presented to him. Hi ex wife had not worked the entire time they were married and her lawyer asked for (and got) $600 a week spousal support. This was based on previous years income tax statements. He is now not making as much as he did then and we would like to petition the court for a reduction. The problem is that we are in AZ and his divorce took place in NY. One lawyer in NY wanted a $10K retainer - we replied that if we had that much money, we wouldn't need to reduce the support. I should add that the ex wife is now employed full time and there is no end date to the support anywhere in the divore papers. Do we have a leg to stand on and how do we get someone to help us?

$600 a week??? or did you mean a month?

It will be costly to change, if it can be changed at all. Why is he making less money? Did he voluntarily change jobs that reduced his income? Her income does not matter. The fact that he agreed to it, with no end date... Wow. Just. Wow.

 

[CourtClerk]

I can think of a couple of reasons why there is no end date to the spousal support, with the biggest reason being... how long were they married???


However I might add that this:

One lawyer in NY wanted a $10K retainer - we replied that if we had that much money, we wouldn't need to reduce the support.

Was a rather snotty reply. You act as if people are supposed to work for minimum wage or free; or a modification in spousal support, which is not usually fluid is something easy to do.

 

[Azjazz]

Response

He is making less because as a contract worker, the field that he is in is not paying as much now. I should also add that he is also paying child support of $200/week. I work full time and yet we are just getting by. We have no property and live in an apartment. Put yourselves in someone else's shoes before you pass judgement.

 

[majomom1]

I can think of a couple of reasons why there is no end date to the spousal support, with the biggest reason being... how long were they married???


However I might add that this:

Was a rather snotty reply. You act as if people are supposed to work for minimum wage or free; or a modification in spousal support, which is not usually fluid is something easy to do.

And heck... he agreed to the support, in the beginning, just to get it done - not the brightest move, so maybe the attorney thought he was willing to pay anything, or would at least agree to it!

 

[Azjazz]

Majomom1

Your 'holyer than thou' attitude is obnoxious, to say the least. Do you get off on living other peoples lives? Walk a mile in our shoes before you comment the way that you did. You come off as an angry ex wife - not pretty at all.

 

[Tallrat]

$10K retainer is quit a bit but did you try other attorneys? Even at 10k if you could get it down to 400.00 a week in a year you would start saving quit a bit. I'd try and get an end date also! How old are children?

 

[Azjazz]

Response

The child that he has to pay support for is 18 - the age of emancipation in NY is 21. We are still looking at all the options - just thought that someone here would have some information on how to proceed.

 

[Ohiogal]

What is the name of your state (only U.S. law)? NY
My husband, in an effort to get out of his previous marriage as quickly as possible, agreed to whatever her lawyer presented to him. Hi ex wife had not worked the entire time they were married and her lawyer asked for (and got) $600 a week spousal support.

So was the spousal support modifiable?

This was based on previous years income tax statements.

Okay.

He is now not making as much as he did then and we would like to petition the court for a reduction.

You cannot petition for anything.

The problem is that we are in AZ and his divorce took place in NY. One lawyer in NY wanted a $10K retainer - we replied that if we had that much money, we wouldn't need to reduce the support.

Let's see -- YOU should not be opening your mouth. Unless the divorce decree states that the spousal support is modifiable then it is not. And that is a huge expensive battle to fight. The fact that hubby had enough money to MOVE across the country after the divorce and get a new family is not going to sit well with his wishes to modify.

I should add that the ex wife is now employed full time and there is no end date to the support anywhere in the divore papers. Do we have a leg to stand on and how do we get someone to help us?

You have NOTHING to do with this at all and your involvement can hurt your husband completely. And your husband can get someone to help him by not allowing you to open your mouth and coughing up the retainer. The fact that there is no end date and the divorce decree likely does not state that the spousal support is modifiable means there is no hope for your husband. He needs to start working more.

 

[Ohiogal]

Your 'holyer than thou' attitude is obnoxious, to say the least. Do you get off on living other peoples lives? Walk a mile in our shoes before you comment the way that you did. You come off as an angry ex wife - not pretty at all.

Your attitude is pathetic, overbearing and rude. You came here with an attitude and asked for help. We don't have to kiss up to you for anything. YOU want OUR help. NOT the other way around. Got it? Everything you stated in reference to the other poster is seen doubly in you. YOU are getting off on causing trouble for the ex wife. YOUR husband was an adult. HE made decisions before he met you. YOU come off as a spoiled selfish egotistical second wife who wants the world. No wonder the attorney wanted a 10k retainer. I would charge at least that if I had to deal with you.

 

[Azjazz]

Response

I can see that posting here has been a big mistake. My husband moved here to work before his divorce as there was no work in NY. Enough said. You obviously are all ex wives who only want to get as much as you can in an act of revenge. By the way, I too am an ex wife, but I took nothing and made it all on my own!

 

[CourtClerk]

Since I'm NOT an exwife... I'll answer this one for you guys

By the way, I too am an ex wife, but I took nothing and made it all on my own!

Good for you!!! Your husband's ex wife is making it off of both of you, loving it and you obviously have a problem with it, but your husband's the idiot that signed something he either didn't read, didn't understand or didn't think about.

Sucks being you, doesn't it?

 

[Ohiogal]

I can see that posting here has been a big mistake. My husband moved here to work before his divorce as there was no work in NY. Enough said. You obviously are all ex wives who only want to get as much as you can in an act of revenge. By the way, I too am an ex wife, but I took nothing and made it all on my own!

And I am an attorney and would charge your husband 10k if I knew you came with him. Seriously. Your attitude is part of the problem> And you have never answered if the decree states that alimony is modifiable. Which if it doesn't, then it is not. And your husband is stuck. If YOU need more money, get a second or third job.

 

[majomom1]

Your attitude is pathetic, overbearing and rude. You came here with an attitude and asked for help. We don't have to kiss up to you for anything. YOU want OUR help. NOT the other way around. Got it? Everything you stated in reference to the other poster is seen doubly in you. YOU are getting off on causing trouble for the ex wife. YOUR husband was an adult. HE made decisions before he met you. YOU come off as a spoiled selfish egotistical second wife who wants the world. No wonder the attorney wanted a 10k retainer. I would charge at least that if I had to deal with you.

That was my take on this too, but I didn't even get started on being judgmental - I was actually stunned at the amount, and that he agreed to whatever the attorney put down.