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New Member
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Jul 4, 2012, 03:35 PM
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If I no longer pay child support will my spousal support paid increase?
I live in California and my daughter is 19 yrs old and just graduated from high school, I was paying child support and spousal support, now that I am no longer obligated to pay child support will the spousal support I pay to my ex get increased?
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Computer Expert and Renaissance Man
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Jul 4, 2012, 03:57 PM
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Probably not
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Expert
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Jul 4, 2012, 05:42 PM
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Normally not, but then we have never read your spousal support order. You will pay and do as it requires, normally either a percent of income or a flat amount for a number of years.
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New Member
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Jul 4, 2012, 06:21 PM
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Originally Posted by Fr_Chuck
Normally not, but then we have never read your spousal support order. you will pay and do as it requires, normally either a percent of income or a flat amount for a number of years
There was only a temporary order spousal support and child support order , we were married 19 years and the divorce was final in 2010. The judge order the temporary orders.
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Internet Research Expert
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Jul 5, 2012, 05:50 AM
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What does the final order say about it? If the spousal support is to continue for forever then any change in income could bring about a modification. Why wasn't the order ever made permanent ?
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Junior Member
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Jul 5, 2012, 06:02 AM
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From the point of view of the spouse paying support, the payor, a material change might be:
A loss of income, or an unexpected but long-lasting drop in income, such that he or she can no longer afford to make the spousal support payments; or,
An unexpected increase in the payor's child care or child support obligations, such that his or her disposable income has decreased and the spousal support payments cannot be maintained.
If the court agrees and varies the interim order, the new order will also be made on an interim basis, and will remain in effect until the issue of spousal support is determined by a final order following trial or a settlement, or until it is varied again by another interim order.
Hun I hope this helps, if not let me know so I can dig a bit deeper for you. :)
Originally Posted by CliffyRenee
I live in California and my daughter is 19 yrs old and just graduated from high school, I was paying child support and spousal support, now that I am no longer obligated to pay child support will the spousal support I pay to my ex get increased?
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Internet Research Expert
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Jul 5, 2012, 06:18 AM
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Originally Posted by Whatever2011
From the point of view of the spouse paying support, the payor, a material change might be:
a loss of income, or an unexpected but long-lasting drop in income, such that he or she can no longer afford to make the spousal support payments; or,
an unexpected increase in the payor's child care or child support obligations, such that his or her disposable income has decreased and the spousal support payments cannot be maintained.
If the court agrees and varies the interim order, the new order will also be made on an interim basis, and will remain in effect until the issue of spousal support is determined by a final order following trial or a settlement, or until it is varied again by another interim order.
Hun I hope this helps, if not let me know so I can dig a bit deeper for you. :)
This has nothing to do with what was asked. On the Law Boards we try to give accurate information to OP's. Your information is accurate if the OP were the one seeking a modification. But the question is a what may happen as child support is no longer being paid. The OP has an enrichment of funds and not the other way around.
Also since spousal support is by formula there is no reason for a trial to create a final order. The only reason for a trial would be if facts are being disputed. Otherwise its all done at a hearing (less then 20 minutes).
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Uber Member
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Jul 5, 2012, 06:59 AM
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Originally Posted by Whatever2011
From the point of view of the spouse paying support, the payor, a material change might be:
a loss of income, or an unexpected but long-lasting drop in income, such that he or she can no longer afford to make the spousal support payments; or,
an unexpected increase in the payor's child care or child support obligations, such that his or her disposable income has decreased and the spousal support payments cannot be maintained.
If the court agrees and varies the interim order, the new order will also be made on an interim basis, and will remain in effect until the issue of spousal support is determined by a final order following trial or a settlement, or until it is varied again by another interim order.
Hun I hope this helps, if not let me know so I can dig a bit deeper for you. :)
You missed the question - and maybe in Canada, not in the US. Interim order, final order, trial?
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New Member
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Jul 5, 2012, 09:00 AM
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Originally Posted by JudyKayTee
You missed the question - and maybe in Canada, not in the US. Interim order, final order, trial?
Hi , and thank you all there was no final order , the judge states she needs to find work the gavron warning was giving back in jan 2010, but now that there is no child support to be paid I'm just wandering will my spousal support get increased or with the formula they use to figure spousal support out am I at my max since I have been paying temporary spousal support since we separated and even after our final divorce . We are going back in August for a modification and I'm wondering if I will have to pay more spousal support, my ex is really has it out for me , this has been messy since day 1 , I'm barely paying my own bills.
Thank you all for your replies!!
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Expert
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Jul 5, 2012, 09:15 AM
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Originally Posted by CliffyRenee
... I have been paying temporary spousal support since we separated and even after our final divorce . ...
If there was a temporary spousal support order pending the final divorce decree, that should have been supplanted by the final decree. If the decree is silent regarding alimony (a/k/a spousal support), you probably didn't need to be paying it after the final decree.
Be that as it may, no; whatever alimony you are obligated to pay shouldn't go up, now that the child support is done.
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Uber Member
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Jul 13, 2012, 01:43 PM
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Originally Posted by Whatever2011
From the point of view of the spouse paying support, the payor, a material change might be:
a loss of income, or an unexpected but long-lasting drop in income, such that he or she can no longer afford to make the spousal support payments; or,
an unexpected increase in the payor's child care or child support obligations, such that his or her disposable income has decreased and the spousal support payments cannot be maintained.
If the court agrees and varies the interim order, the new order will also be made on an interim basis, and will remain in effect until the issue of spousal support is determined by a final order following trial or a settlement, or until it is varied again by another interim order.
Hun I hope this helps, if not let me know so I can dig a bit deeper for you. :)
Hun, first, you didn't answer the question AND your response is plagerized. I know that because this is not your writing style AND I also found the same quote.
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