# Adjusting Spousal Support



## Dread Pirate Roberts (May 22, 2012)

Hey out there TAM,

Anyone out there had any luck in getting a spousal support award changed a year or later after the divorce? Just looking to the day when the ex does get a job. Currently, between spousal and CS, our splits are right at 50/50. Just wondering if those things are set in stone, barring something like remarriage/cohabitation or loss of job, etc.

Also, her parents are actually moving out here and they are going to live with her and split expenses. I wish that would qualify, but I believe that family arrangements like that don't.

Thanks,

DPR


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## PBear (Nov 16, 2010)

You should talk to a lawyer in your area, or mention your area. Around here, child support is table driven off of tax returns. And can be adjusted regularly. 

C


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## Acoa (Sep 21, 2012)

Laws and procedures vary by state. But in general, unless it specifically stated in the agreement that it's not modifiable, then you can request a modification. 

The other person lowering their cost of living isn't usually a factor. But if they are making more money, most states will consider that a reasonable request for a modification.


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## daddymikey1975 (Apr 18, 2009)

Also, most divorce decrees have a time frame stipulated for the spousal support to go away. 

I'm so glad that Indiana doesn't have a provision for spousal support (with a few very rare exceptions).


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## Pluto2 (Aug 17, 2011)

Barring some financial hardship to you -like job loss-I think you have a pretty hard road here in trying to decrease your spousal support obligations. Is your support obligation rehabilitative, permanent, or reimbursement spousal support? Did the decree specify how long support would last, or require her to make a good faith effort to obtain employment? If it requires her to seek employment and she hasn't, you can seek modification on that basis. But that is a hard case to prove and you usually need to hire vocational experts to present evidence. Some states do recognize decreased need for support due to cohabitation, but usually that has to do with a live-in boyfriend and not her parents. Definitely worth discussing with a local attorney.


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## happy as a clam (Jan 5, 2014)

My attorney included a clause in the divorce decree--something to this effect: "Spousal support is non-changeable, non-modifiable and *the court retains no jurisdiction over this matter.*" In my state, spousal support can be modified if one spouse petitions the court and can prove their financial circumstances have changed. However, by including this clause and both spouses signing off on it, the court CANNOT change the terms of the agreement.

Child support is a whole other matter and CAN be revised. The court never gives up jurisdiction over that.

Check your divorce decree under the Spousal Support section and see exactly what the language is. And I agree with others that visit to an attorney is in order.
_Posted via Mobile Device_


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## Dread Pirate Roberts (May 22, 2012)

Thanks everyone. I don't think I'd have much luck, just thinking out loud after all the drama over the car - in another post.

The decree just says I will pay my monthly amount for 5 years. If she does get a job, she will have more net income each month than me, so that's what got me thinking.

The income difference between us if/when she does get a job is so large that the CS wouldn't change much. They have something called a presumptive maximum in Nevada - basically an upper limit on what you pay for CS - and I'm already at that level for the income band.

DPR


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## daddymikey1975 (Apr 18, 2009)

happy as a clam said:


> My attorney included a clause in the divorce decree--something to this effect: "Spousal support is non-changeable, non-modifiable and *the court retains no jurisdiction over this matter.*" In my state, spousal support can be modified if one spouse petitions the court and can prove their financial circumstances have changed. However, by including this clause and both spouses signing off on it, the court CANNOT change the terms of the agreement.
> _Posted via Mobile Device_


Not to come off like a jerk, and I'm glad that worked out for you, but there's no way on this godforsaken mud ball called earth I would have EVER signed or agreed to a clause like that in my divorce decree. 

I'm curious how that got included? (sorry to run off topic)


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## happy as a clam (Jan 5, 2014)

Actually, that's a pretty common inclusion in my state.

Otherwise, the divorcees are right back in court in a few short months clogging up the dockets with spousal support adjustments, non-payments while they are "waiting for a new hearing", etc. 

Why spend thousands of dollars on attorney fees hammering out an agreement if the paying spouse can go right back to court and modify it?

Anyway, I was happy to sign the document as I was the one receiving spousal support 

_Posted via Mobile Device_


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## Pluto2 (Aug 17, 2011)

daddymikey1975 said:


> Not to come off like a jerk, and I'm glad that worked out for you, but there's no way on this godforsaken mud ball called earth I would have EVER signed or agreed to a clause like that in my divorce decree.
> 
> I'm curious how that got included? (sorry to run off topic)


Non-modifiable support clauses are pretty common. It protects the payor, like Pirate here, from being dragged back into court every time his salary goes up. So its not as onerous as you may think. And they often are used for rehabilitative/reimbursement support payments where the amount of support is intended to be for a finite period of time to either 1) reimburse one spouse for being the primary wage earner while the other went to school, for instance; or 2) rehabilitative support while one spouse finds a way to get back into the work force after an extended period of non-employment. 

I put it in my decree in the waiver of support provision so my deadbeat ex couldn't try to claim support from me after he went through all of his marital property...which he did. When all his money was gone he then started saying that clause was unconscionable, and that argument just fell flat.


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## Dread Pirate Roberts (May 22, 2012)

Pluto, what about the flip side - say I lost my job or had to take a pay cut? Then I'd have no ability to get the spousal payments reduced.

I didn't realize that was a common item until now. The more you know! In Nevada, it's typical for CS payments to be eligible for review once every 3 years, unless there is a 20% or higher increase in salary. But neither side in my case said anything about a clause like that for spousal.

DPR


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## Pluto2 (Aug 17, 2011)

Pirate, you're right about the flip-side. If the spousal support is non-modifiable than your unemployment or illness or downward employment is irrelevant-and you remain on the hook. Of course, if you win the lottery, she's out of luck! Your decree would specifically state if it is modifiable or not, so unless the decree says something along the lines of "and the court shall have no have jurisdiction to reduce such award prior to its termination date" then it should be modifiable.

I think the automatic review of CS is in state statutes. Guess they figure a spouse should be able to figure out if their own expenses have changed.


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