Would like to stop spousal support because ex has steady income now

[Morgan1313]

What is the name of your state? Arizona

I pay my ex $8400 a year in spousal support, since our divorce she obtained a full time position with benefits and makes $30,000 more than when support was issued. Is that grounds to stop support through the courts? She is fighting me on it.

 

[Zigner]

What is the name of your state? Arizona

I pay my ex $8400 a year in spousal support, since our divorce she obtained a full time position with benefits and makes $30,000 more than when support was issued. Is that grounds to stop support through the courts? She is fighting me on it.

It depends on your original court order.

 

[Morgan1313]

Original court order says it is modifiable

 

[Morgan1313]

Modifiable, for 4 years. I have paid for three years- one year remaining

 

[t74]

The cost to fight for a modification may very well be more than just paying the $8400 as long as this is the end of the support obligation. Look at the big picture.

 

[adjusterjack]

I pay my ex $8400 a year in spousal support, since our divorce she obtained a full time position with benefits and makes $30,000 more than when support was issued. Is that grounds to stop support through the courts?

It's certainly grounds to ask the court for a modification.

She is fighting me on it.

Unless you have filed a petition with the court, there is no fight, there is just "no."

Maricopa County has a packet of forms and instruction for filing for a modification. You don't need to pay a lawyer to do it so it might very well be worthwhile to take a stab at it.

https://superiorcourt.maricopa.gov/llrc/fc_drmsp1/

If you are not in Maricopa County check you local family court website for that kind of material. If not available you can modify the Maricopa County court forms to suit your purpose and court.

It'll probably take several months to run through the courts process so make sure you ask for the modification to be retroactive to the date that she started making the additional $30,000. You might not get that part, but it doesn't hurt to ask.

 

[stealth2]

I kind of have to agree with t74. You need to do a cost/benefit analysis - is it worth a court fight? Is it going to save you all or most of the $8400, or will you pay that much - or more - to make a point? How will it affect your relationship w/your ex? Especially if you have kids - is that $8400 worth poisoning that well? Is $700/mo worth the rent in your brain that this will require?

Just things to think about...