Blankcheck
Junior Member
What is the name of your state? WASHINGTON
Hello,
Sorry my posting is a little long but I need to give some background before asking my question.
In my divorce decree I am to pay my ex-wife spousal maintenance. However, in the event she remarries or cohabits then I am allowed to decrease her maintenance by 50% for the lesser of 12 months or the end of the maintenance period. After the 12 months I'm allowed to decrease th support to 25% of he original amount for the lesser of 12 months or end of the support period.
In November 2003 her significant other moved in with her. She contacted me to tell me that while some of his things were in her house he do not live there so she did not want me to change the maintenance. Being a nice person I did nothing. In April of 2004 I went to her house and in fact could see he was in fact living there, and again I did nothing. In September 2004 I informed her I would be decreasig the maintenance in accordance with the decree by 50% (this was after an annual increase in April of 2004). We talked and I agreed to only decrease the maintenance amount by 25%, then look at it again in a few months.
A few weeks back I sent her an e-mail saying I would be decreasing the maintenance to the 50% level and it would remain there for one year. I have been paying her at 75% for 9 months and felt enough time had passed for her new partner to start paying his part.
Yesterday I get an e-mail from her saying that for religious reasons he was now moving out, until they are married. So now she expects me to put the spousal maintenance back to it original schedule plus the annual increases.
MY QUESTION: DO I CONTINUE TO PAY AT THE MODIFIED (REDUCED) RATE OR DO I REVERT TO THE ORIGINAL SCHEDULE? (PLEASE NOTE THERE IS NO LANGUAGE IN THE DECREE TO ADDRESS THIS SITUATION)
She lived with this man of her own free will, for some 16-17 months, and now they are living apart based on their own free will. Also in her e-mail she stated that she was also doing this to protect the level of income she needs, which implies he is not helping in her much of at all.
Let me know if you need more information of if I've not made this clear enough. Thanks in advance for any help.
Regards,
Peter
Hello,
Sorry my posting is a little long but I need to give some background before asking my question.
In my divorce decree I am to pay my ex-wife spousal maintenance. However, in the event she remarries or cohabits then I am allowed to decrease her maintenance by 50% for the lesser of 12 months or the end of the maintenance period. After the 12 months I'm allowed to decrease th support to 25% of he original amount for the lesser of 12 months or end of the support period.
In November 2003 her significant other moved in with her. She contacted me to tell me that while some of his things were in her house he do not live there so she did not want me to change the maintenance. Being a nice person I did nothing. In April of 2004 I went to her house and in fact could see he was in fact living there, and again I did nothing. In September 2004 I informed her I would be decreasig the maintenance in accordance with the decree by 50% (this was after an annual increase in April of 2004). We talked and I agreed to only decrease the maintenance amount by 25%, then look at it again in a few months.
A few weeks back I sent her an e-mail saying I would be decreasing the maintenance to the 50% level and it would remain there for one year. I have been paying her at 75% for 9 months and felt enough time had passed for her new partner to start paying his part.
Yesterday I get an e-mail from her saying that for religious reasons he was now moving out, until they are married. So now she expects me to put the spousal maintenance back to it original schedule plus the annual increases.
MY QUESTION: DO I CONTINUE TO PAY AT THE MODIFIED (REDUCED) RATE OR DO I REVERT TO THE ORIGINAL SCHEDULE? (PLEASE NOTE THERE IS NO LANGUAGE IN THE DECREE TO ADDRESS THIS SITUATION)
She lived with this man of her own free will, for some 16-17 months, and now they are living apart based on their own free will. Also in her e-mail she stated that she was also doing this to protect the level of income she needs, which implies he is not helping in her much of at all.
Let me know if you need more information of if I've not made this clear enough. Thanks in advance for any help.
Regards,
Peter
