What is the name of your state (only U.S. law)? FL
I am a military officer.
My X and I came to a mediated agreement in Aug 09 which went to final judgment in Sep 09. I am paying alimony and CS for our daughter. In the agreement, it is stated in the alimony paragraph, that her income would not be imputed for the first 24 mos. and after that it would be imputed at 40K. The goal was to encourage her to use the education I paid for. Because no income is imputed to her, her only income for CS calculation is the alimony. In the CS paragraph, there is an amount set for the first 24 months based on that calculation, that increases upon the 25 month as the alimony decreases.
I just found out that I am to be promoted. She intends to ask the court for more CS based on my increase in income. This year she got a job and has a home business that took off. If she is asking for a modification for CS based on my material change, can I ask to have ALL of her income included in the recalculation in spite of the agreement to not impute income to her for spousal support?
I am a military officer.
My X and I came to a mediated agreement in Aug 09 which went to final judgment in Sep 09. I am paying alimony and CS for our daughter. In the agreement, it is stated in the alimony paragraph, that her income would not be imputed for the first 24 mos. and after that it would be imputed at 40K. The goal was to encourage her to use the education I paid for. Because no income is imputed to her, her only income for CS calculation is the alimony. In the CS paragraph, there is an amount set for the first 24 months based on that calculation, that increases upon the 25 month as the alimony decreases.
I just found out that I am to be promoted. She intends to ask the court for more CS based on my increase in income. This year she got a job and has a home business that took off. If she is asking for a modification for CS based on my material change, can I ask to have ALL of her income included in the recalculation in spite of the agreement to not impute income to her for spousal support?