mom6stepmom2
Member
Spousal support
What is the name of your state? Oregon
My divorce was final almost 4 years ago. In the divorce decree my ex and I agreed apon spousal support in addition to child support. No reason list for spousal in decree. The decree says that he is to pay me until July 2006. The decree also states that as long as he is obligated to pay spousal support he will pay me 1/2 of net bonuses within 72 hours of receipt of bonus. We agreed to my ex using our 4 children as dependants on his income tax return during the years he is obligated to pay spousal support. In Oregon the child support is factored on a combination of both parents income. Because I am a stay at home mom, I have a potential income of $1256(minimum wage in Oregon). In addition to this my spousal support is factored in as income to me and deducted from ex's income when factoring child support.
I met a man(my current husband) 6 months after my ex and I seperated. We got married 5 weeks after my divorce to ex was final. That was almost 4 years ago. My current husband and I now have two children together and my husband has custody of his two children from previous marriage.
I was served with papers to end spousal support last week. His reason for ending it was substantial change in financial circumstances (my current husband's income). We had a hearing last Monday morning, but because I was served so close to the hearing it was continued for 2 weeks so I could prepare. My ex had to file pay stubs and last years income tax return. The first thing that stood out when going over pay stubs is my ex is making substantially more than when child support was first calculated and second he is making bonuses and did not pay me my half. Not at all for the last 3 1/2 years.
Ex lied about my living arrangements to the courts. He took an arbitrary number for my husband's income(which was too high a number) and divided that by 4 (his 4 kids) and said this was the new dollar amout each kid has at their disposal. He failed to mention the other 4 kids in home. He told the courts in the motion that he is making same thing he was making in original divorce decree. On his income tax return he claimed "head of household" and checked the box that the 4 kids lived with him last year.
Ok, so what I want to know is this....What are my possibilities of keeping spousal support in place until 2006. Because of his increased income Child support alone without spousal is only $100 per month less than what he is paying now, but if spousal support is left then his total support will go up by $200 per month. Then there is the back bonuses that are in arrears. Can I ask for one lump sum award? Or will the judge most likely make him pay it out month to month? And lastly, claiming the kids on income tax. My ex got a $6900 Fed retun this year. I told him when I found out about hearing, that if spousal support ended he no longer had the right to claim the kids. He told me he would be continuing to claim them. Period. Is he right or am I right? I think my ex opened a can of worms he is going to be sorry for in 2 weeks at new hearing.
OH, and one more thing. I have had to rely on ex's integrety concerning bonuses over the last 4 years. Obviously this isn't working. At divorce time ex was overly concerned about bonues being factored in as yearly income and child support computed with bonuses included in income. He kept saying they vary from quarter to quarter. So we came up with the above mentioned situation. Can I ask the court to redeem the bonuses as regular income and have it factored in with child support factor? So that way I don't ever have to rely on his integrety again. Bonuses are subject to child support as far as my understanding of the laws. I hope that last little bit makes sence? Thank you.
What is the name of your state? Oregon
My divorce was final almost 4 years ago. In the divorce decree my ex and I agreed apon spousal support in addition to child support. No reason list for spousal in decree. The decree says that he is to pay me until July 2006. The decree also states that as long as he is obligated to pay spousal support he will pay me 1/2 of net bonuses within 72 hours of receipt of bonus. We agreed to my ex using our 4 children as dependants on his income tax return during the years he is obligated to pay spousal support. In Oregon the child support is factored on a combination of both parents income. Because I am a stay at home mom, I have a potential income of $1256(minimum wage in Oregon). In addition to this my spousal support is factored in as income to me and deducted from ex's income when factoring child support.
I met a man(my current husband) 6 months after my ex and I seperated. We got married 5 weeks after my divorce to ex was final. That was almost 4 years ago. My current husband and I now have two children together and my husband has custody of his two children from previous marriage.
I was served with papers to end spousal support last week. His reason for ending it was substantial change in financial circumstances (my current husband's income). We had a hearing last Monday morning, but because I was served so close to the hearing it was continued for 2 weeks so I could prepare. My ex had to file pay stubs and last years income tax return. The first thing that stood out when going over pay stubs is my ex is making substantially more than when child support was first calculated and second he is making bonuses and did not pay me my half. Not at all for the last 3 1/2 years.
Ex lied about my living arrangements to the courts. He took an arbitrary number for my husband's income(which was too high a number) and divided that by 4 (his 4 kids) and said this was the new dollar amout each kid has at their disposal. He failed to mention the other 4 kids in home. He told the courts in the motion that he is making same thing he was making in original divorce decree. On his income tax return he claimed "head of household" and checked the box that the 4 kids lived with him last year.
Ok, so what I want to know is this....What are my possibilities of keeping spousal support in place until 2006. Because of his increased income Child support alone without spousal is only $100 per month less than what he is paying now, but if spousal support is left then his total support will go up by $200 per month. Then there is the back bonuses that are in arrears. Can I ask for one lump sum award? Or will the judge most likely make him pay it out month to month? And lastly, claiming the kids on income tax. My ex got a $6900 Fed retun this year. I told him when I found out about hearing, that if spousal support ended he no longer had the right to claim the kids. He told me he would be continuing to claim them. Period. Is he right or am I right? I think my ex opened a can of worms he is going to be sorry for in 2 weeks at new hearing.
OH, and one more thing. I have had to rely on ex's integrety concerning bonuses over the last 4 years. Obviously this isn't working. At divorce time ex was overly concerned about bonues being factored in as yearly income and child support computed with bonuses included in income. He kept saying they vary from quarter to quarter. So we came up with the above mentioned situation. Can I ask the court to redeem the bonuses as regular income and have it factored in with child support factor? So that way I don't ever have to rely on his integrety again. Bonuses are subject to child support as far as my understanding of the laws. I hope that last little bit makes sence? Thank you.
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