Spousal support

[ajn4010so]

Oregon

Hello and thanks for taking time to read. I believe the answer to my question is fairly obvious but I would love some clarification before meeting with the lawyer.

My wife is currently having to go to court with her ex-husband to modify child support and parenting time.

Our question is related to spousal support. In their decree, she would receive spousal until she remarried or 4 years. They had an amicable, slightly DIY split and they both agreed this was an oversight. He agreed that he would continue to pay spousal for four years regardless of remarriage because she had agreed to be a stay at home mother for eight years.

There is one year left on the spousal agreement and he has voluntarily paid with little issue. Now, there is a big issue. We understand that a verbal agreement does not override a written contract but are curious if there is a small chance That because of his willingness to pay that she won’t have to give it up if he just decides to stops before the 4 years is up.

We both assume the written contracts wins here but wondering if the other circumstances might help her!
Thank you!!!

 

[stealth2]

Oregon

Hello and thanks for taking time to read. I believe the answer to my question is fairly obvious but I would love some clarification before meeting with the lawyer.

My wife is currently having to go to court with her ex-husband to modify child support and parenting time.

Our question is related to spousal support. In their decree, she would receive spousal until she remarried or 4 years. They had an amicable, slightly DIY split and they both agreed this was an oversight. He agreed that he would continue to pay spousal for four years regardless of remarriage because she had agreed to be a stay at home mother for eight years.

There is one year left on the spousal agreement and he has voluntarily paid with little issue. Now, there is a big issue. We understand that a verbal agreement does not override a written contract but are curious if there is a small chance That because of his willingness to pay that she won’t have to give it up if he just decides to stops before the 4 years is up.

We both assume the written contracts wins here but wondering if the other circumstances might help her!
Thank you!!!

The windfall is over. You/your wife should be happy he paid w/o needing to as long as he has.

What modifications to child support/parenting time is your wife looking for?

 

[Zigner]

According to what was written, spousal support should have stopped when she remarried.

 

[stealth2]

According to what was written, spousal support should have stopped when she remarried.

Agreed. Ex was generous gifting extra.

 

[AlmostThere]

Why is your wife rocking the boat? Is she paying child support or receiving child support? Is she expecting the change in child support to be enough to make up for the inevitable loss in spousal support? And why are you getting involved in this?

 

[zddoodah]

In their decree, she would receive spousal until she remarried or 4 years. They had an amicable, slightly DIY split and they both agreed this was an oversight. He agreed that he would continue to pay spousal for four years regardless of remarriage because she had agreed to be a stay at home mother for eight years.

So...he verbally agreed to something, without any consideration from your wife, that is in excess of what he's obligated to do under the decree. Correct?

We understand that a verbal agreement does not override a written contract but are curious if there is a small chance That because of his willingness to pay that she won’t have to give it up if he just decides to stops before the 4 years is up.

If my statement above is correct, the continued payment of "spousal support" beyond that date of your wife's marriage to you is 100% voluntary and unenforceable.

 

[Eekamouse]

So...he verbally agreed to something, without any consideration from your wife, that is in excess of what he's obligated to do under the decree. Correct?




If my statement above is correct, the continued payment of "spousal support" beyond that date of your wife's marriage to you is 100% voluntary and unenforceable.

Not to mention, ridiculous. Why should he be contributing to the support of a woman who has remarried and moved on with her life. And why, as her new husband, would you want this man's money?

 

[Zigner]

... why, as her new husband, would you want this man's money?

Because it's free money.

 

[Bali Hai Again]

Because it's free money.

Hello everyone! Love to see the new spin and how the responses have changed over the years!

 

[Just Blue]

Hello everyone! Love to see the new spin and how the responses have changed over the years!

lol...Welcome back Bali!

 

[not2cleverRed]

Hello everyone! Love to see the new spin and how the responses have changed over the years!

Your unique jaded perspective has been missed.

Welcome back!

 

[Bali Hai Again]

All, please accept my apologies to everyone involved for my past behavior. Jaded? I thought I kept everyone on their toes! I’ll try to listen more than respond this time. Thank you for the welcome back! I won’t disappoint you this time!

 

[Zigner]

Hello everyone! Love to see the new spin and how the responses have changed over the years!

Hey, welcome back. As I recall, I have always said that my responses disregard gender in this type of matter.

 

[Eekamouse]

I have wondered about you from time to time. You said some pretty funny damn stuff over the years.