spousal support modification?

[mtbuzzard]

What is the name of your state? Montana

Hi, live in Montana - been divorced a little over a year after 13 years of marriage. Montana is a no-fault state and it only takes one person to want a divorce - doesn't matter if the other doesn't want a divorce, it'll go through anyway.

In my attempts to save this marriage, I let her have pretty much everything she wanted.

But now my head's cleared up.

I gave her our house. She sold it for $50,000 over what was owed and turned around and bought herself a new house.

I gave her basically everything-livestock-all which sold for around $10K, a boat which she sold for $5K, all the household belongings - basically everything. I kept my motorcycles ($2-3K) value total, I took the camp trailer that I've lived in now for about 18 months because I can't afford anything else as you will see, and I kept a farm tractor that was a present from her.

There are no kids in the house. I pay in spousal support to her $2250/month for a period of four years. My leftovers out of that is $1400 a month. I am paying an $11,000 credit card bill that was accumulated by us. So she's getting 61% of my net pay monthly. I have NO extravagent expenses-and if I have $100 left over at end of the month, I did good.

Here's one of my questions: She had a discrimination lawsuit that in essence became a joint lawsuit at the federal level - it ended up being settled out of court for approx. $150K. I had to sign off on this settlement too. Her argument is that was HER money and I owe her. I think Montana personally doesn't care because it's joint whether my name was on it or not - we were married at the time.

She has a h.s. education, i have a college education. In 1999 she made almost $25K/year. She had been working for me the past two years up until January. She was making about $9.50 an hour ($19K/year based on 2080 hrs.). I make approx. $63K. She quits her job with me finally in January, and may be working for her live-in boyfriend in the construction business (possibly under the table) or she more than likely isn't working at all. She doesn't even really live at her house which is visible from one of my employees' home - says she's rarely there and it's been that way since last august/september.

So thus far, she's gotten $30K in support, $50K in a house sale, and another $10-20K in selling property we acquired together. Meanwhile, I'm living in a little camp trailer in a campground-I can't even afford a one bedroom apt. in this area.

Can I go back and argue? Decree doesn't specify anything-very simplistic - nothing other than a list of what she got, and what I got and me paying support of $2250 for 48 months. Doesn't say anything about remarriage or cohabitation or can/can not modify decree-very very basic.

Or do I just grin and bear it?

Thank you in advance.

[Ohiogal]

Here's one of my questions: She had a discrimination lawsuit that in essence became a joint lawsuit at the federal level - it ended up being settled out of court for approx. $150K. I had to sign off on this settlement too. Her argument is that was HER money and I owe her. I think Montana personally doesn't care because it's joint whether my name was on it or not - we were married at the time.

Actually it does matter -- you signed off on the settlement. It is HER money and not yours. The only way it would have been marital income is if some of the settlement was specifically for lost wages but then again you signed off on it.

Can I go back and argue? Decree doesn't specify anything-very simplistic - nothing other than a list of what she got, and what I got and me paying support of $2250 for 48 months. Doesn't say anything about remarriage or cohabitation or can/can not modify decree-very very basic.

You can try to argue but you agreed. And since you stated it was not modifiable or ended at any time -- guess what? It doesn't. And it is not.

Or do I just grin and bear it?

Thank you in advance.

Pretty much. Where was your attorney during this settlement? Never mind, I probably know.

[Bali Hai]

Originally Posted by mtbuzzard

What is the name of your state? Montana

Hi, live in Montana - been divorced a little over a year after 13 years of marriage. Montana is a no-fault state and it only takes one person to want a divorce - doesn't matter if the other doesn't want a divorce, it'll go through anyway.

In my attempts to save this marriage, I let her have pretty much everything she wanted.

But now my head's cleared up.

I gave her our house. She sold it for $50,000 over what was owed and turned around and bought herself a new house.

I gave her basically everything-livestock-all which sold for around $10K, a boat which she sold for $5K, all the household belongings - basically everything. I kept my motorcycles ($2-3K) value total, I took the camp trailer that I've lived in now for about 18 months because I can't afford anything else as you will see, and I kept a farm tractor that was a present from her.

There are no kids in the house. I pay in spousal support to her $2250/month for a period of four years. My leftovers out of that is $1400 a month. I am paying an $11,000 credit card bill that was accumulated by us. So she's getting 61% of my net pay monthly. I have NO extravagent expenses-and if I have $100 left over at end of the month, I did good.

Here's one of my questions: She had a discrimination lawsuit that in essence became a joint lawsuit at the federal level - it ended up being settled out of court for approx. $150K. I had to sign off on this settlement too. Her argument is that was HER money and I owe her. I think Montana personally doesn't care because it's joint whether my name was on it or not - we were married at the time.

She has a h.s. education, i have a college education. In 1999 she made almost $25K/year. She had been working for me the past two years up until January. She was making about $9.50 an hour ($19K/year based on 2080 hrs.). I make approx. $63K. She quits her job with me finally in January, and may be working for her live-in boyfriend in the construction business (possibly under the table) or she more than likely isn't working at all. She doesn't even really live at her house which is visible from one of my employees' home - says she's rarely there and it's been that way since last august/september.

So thus far, she's gotten $30K in support, $50K in a house sale, and another $10-20K in selling property we acquired together. Meanwhile, I'm living in a little camp trailer in a campground-I can't even afford a one bedroom apt. in this area.

Can I go back and argue? Decree doesn't specify anything-very simplistic - nothing other than a list of what she got, and what I got and me paying support of $2250 for 48 months. Doesn't say anything about remarriage or cohabitation or can/can not modify decree-very very basic.

Or do I just grin and bear it?

Thank you in advance.

You should have been here asking these questions BEFORE YOU AGREED to all these things.

Did you have an attorney? Did you know about this site?

You're every golddiggers dream!

[mtbuzzard]

Thanks for your responses - and yes I agree things should've been handled differently.

When I say I signed off on the lawsuit - I signed off WITH her since the case at that point was her and I against a company - I was listed as a plaintiff right along with her. It is my understanding in Montana even if I wasn't listed as a plaintiff, it's still joint because we're married. But the fact we both signed the same document stating WE accept the terms of the settlement and that WE would not pursue any further action against the defendant just solidifies the "jointness" of it all.

Well, it'll all play out as it should - I'm not running this show, and neither is she.

[Ohiogal]

Originally Posted by mtbuzzard

Thanks for your responses - and yes I agree things should've been handled differently.

When I say I signed off on the lawsuit - I signed off WITH her since the case at that point was her and I against a company - I was listed as a plaintiff right along with her. It is my understanding in Montana

But the fact we both signed the same document stating WE accept the terms of the settlement and that WE would not pursue any further action against the defendant just solidifies the "jointness" of it all.

Well, it'll all play out as it should - I'm not running this show, and neither is she.

WRONG! Lawsuit proceeds are only joint if it concerns marital income or reimbursement for marital property.

[mtbuzzard]

Ok, whatever - it was a joint lawsuit.