Saturday, September 19, 2020

Changing Spousal Support in Long Term Marriage

If you have been married more than 10 years and had been a high wage earner and are paying "spousal" support--would your ex then receive support for life-- or could that happen?  Does the law actually require such a thing--for LIFE???  Despite FC 4336c, there is nothing in the code itself that limits the court's discretion to stop spousal support in later proceedings where changed circumstances are shown or proven.
It is best to get help from an attorney that has seen cases over the years, and we don't mean just a few years, but one that has actively worked in Family Law as a litigator/in trials. Arguing for or against this type of change requires a hard look on the circumstances, and thus the argument that you may have could be based on not just one or two facts, but a combination of things, which would include changes as to the ex's life in tandem with the payor's circumstances.  
While the code does focus on the payor's changed circumstances, since payor is paying the ex spouse, if the ex spouse has completely different circumstances now (let's say she inherited a lot of money)-- should that be ignored completely?  If so, why?  It would not seemingly make sense?  Has the ex squandered her money and never attempted to work?  Has the ex shacked up with a new man? Did the ex buy an expensive new car, go on vacations, and seemingly has a lot of money--more than you even give her? Are the kids gone and she's now in a huge house?
Since the factors used for spousal support are numerous, obtain an attorney that can and will vigorously litigate issues. Preferably one that is heavily vested into law and motion since it is likely this type of issue cannot be done in 15minutes at a short cause hearing and would require a long cause hearing.


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