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  #1  
Old 05-15-2005, 03:42 PM
vimnjicki
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a still bitter greedy ex wife


What is the name of your state? california
Hello, i am writing for my brother in law, he has been married to my sister for 13 years and has faithfully paid 1200 a month per child support, he has two, one now 22 the other 18 and alimony of 2,000 a month to his ex wife. He has paid this for 13 years. She(the ex) does not work, and since the youngest is 18 and is graduating the child support will stop as of June. The alimony stated in the divorce papers can only be stopped under the descretion of the court. so my brother in law proposed to his attorney a scaling down of spousal support, 1500 a month for a year, 1000 a month for the next year, 500 a month for the 3 rd year and then finished. The attorney, for some unknown reason, wrote a letter to the ex wifes attorney with this proposal and an answer came back as to no way or they will open up all his financial records and get more from him then she should have gotten, a real threatening letter. Where does exhortation and stealing come into play here. Anything he has gained financially was well after his marriage to her. How long can this go on, and what can he do to end it? Obviously his attorney is letting the ex and her attorney call the shots. thank you for any imput. vicki
  #2  
Old 05-15-2005, 04:16 PM
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Join Date: Jul 2004
Posts: 17,799
Quote:
Originally Posted by vimnjicki
What is the name of your state? california
Hello, i am writing for my brother in law, he has been married to my sister for 13 years and has faithfully paid 1200 a month per child support, he has two, one now 22 the other 18 and alimony of 2,000 a month to his ex wife. He has paid this for 13 years. She(the ex) does not work, and since the youngest is 18 and is graduating the child support will stop as of June. The alimony stated in the divorce papers can only be stopped under the descretion of the court. so my brother in law proposed to his attorney a scaling down of spousal support, 1500 a month for a year, 1000 a month for the next year, 500 a month for the 3 rd year and then finished. The attorney, for some unknown reason, wrote a letter to the ex wifes attorney with this proposal and an answer came back as to no way or they will open up all his financial records and get more from him then she should have gotten, a real threatening letter. Where does exhortation and stealing come into play here. Anything he has gained financially was well after his marriage to her. How long can this go on, and what can he do to end it? Obviously his attorney is letting the ex and her attorney call the shots. thank you for any imput. vicki
Financial records are examined when modification is requested, that is not extortion. What is you BIL's occupation and did his ex contribute to his education and training?
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  #3  
Old 05-15-2005, 04:19 PM
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Join Date: May 2004
Posts: 41,447
Quote:
Originally Posted by vimnjicki
What is the name of your state? california
Hello, i am writing for my brother in law, he has been married to my sister for 13 years and has faithfully paid 1200 a month per child support, he has two, one now 22 the other 18 and alimony of 2,000 a month to his ex wife. He has paid this for 13 years. She(the ex) does not work, and since the youngest is 18 and is graduating the child support will stop as of June. The alimony stated in the divorce papers can only be stopped under the descretion of the court. so my brother in law proposed to his attorney a scaling down of spousal support, 1500 a month for a year, 1000 a month for the next year, 500 a month for the 3 rd year and then finished. The attorney, for some unknown reason, wrote a letter to the ex wifes attorney with this proposal and an answer came back as to no way or they will open up all his financial records and get more from him then she should have gotten, a real threatening letter. Where does exhortation and stealing come into play here. Anything he has gained financially was well after his marriage to her. How long can this go on, and what can he do to end it? Obviously his attorney is letting the ex and her attorney call the shots. thank you for any imput. vicki
Its pretty normally for an attorney to attempt to make a proposal to the opposing counsel. I don't see anything unusual in that.

Alimony and child support are different issues. You are tying the two of them in together...which probably isn't appliable. It sounds like his ex was basically given permanent alimony for one reason or another. Its not very likely that the alimony is going to go away too, unless she is remarried.
  #4  
Old 05-17-2005, 04:52 PM
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Join Date: Aug 2001
Location: Michigan
Posts: 6,317
Neither child support nor alimony can be modified retroactively. It sounds like she thinks she's going to prove that 10 years ago your brother got a raise and again five years ago and again last year, and now she's going to ask for a retroactive increase. It ain't gonna happen.
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