# Does any divorced spousal support payers worry they'll come back for more?



## header (Nov 14, 2015)

I'm divorced 7 years now, and I paid spousal support for 6.5 years on a 16 year marriage- which was about right.

I've read cases where the payee ex spouse runs out of money and goes after more spousal support many years after the initial support order has expired. Sometimes the action is brought about by social services who don't want the state to have to pay the living expenses of a loser who never went and got a job after the divorce and is in danger of becoming what is known as a "public charge". Often enough, the petitioner wins, and the formerly paying spouse is once again writing a monthly check years after they thought they were done.

It's like you can never rest assured that it's really over, you could one day get a petition in the mail that you've got to appear in court and prepare a defense as to why you are not responsible to support some loser that you were once married to.


----------



## Pluto2 (Aug 17, 2011)

this is not a genuine concern.

Divorce Source: REINSTATEMENT OF ALIMONY UPON ANNULMENT OF THE RECIPIENT SPOUSE'S REMARRIAGE


----------



## Acoa (Sep 21, 2012)

Not worried. I negotiated with my EX and we settled on an agreement. Part of that agreement included that spousal support was no longer handled by the family court. In essence this changes the venue for any future requests for modification to the civil courts, where it would be treated as any other contract. Much less chance of a wonky award. 

The terms also clearly spell out the terminating events and that termination is permanent and irrevocable. 

Luckily I also got custody of our children. I suspended child support as part of the agreement and as long as she held her end of the support agreement I won't go back to request it. However, I do have the 'right' to request support, both current and back payments. So, it could really hurt her financially if I did. So, the chances are slim she will ever try.

If we couldn't come to agreement and the judge had to 'order' a support amount, it wouldn't be as good. Worth paying more up front if you can get an agreement as such.


----------



## header (Nov 14, 2015)

Pluto2 said:


> this is not a genuine concern.
> 
> Divorce Source: REINSTATEMENT OF ALIMONY UPON ANNULMENT OF THE RECIPIENT SPOUSE'S REMARRIAGE


The article you stated deals specifically with a former payee spouse getting remarried, and then the subsequent marriage is annulled.

That's not really what I was referring to.



Acoa said:


> If we couldn't come to agreement and the judge had to 'order' a support amount, it wouldn't be as good. Worth paying more up front if you can get an agreement as such.


No doubt. Agreements are much more difficult to challenge/modify than court orders.

My divorce was also settled by Stipulation, so it's more difficult for her to come back and modify. But not impossible.


----------



## WasDecimated (Mar 23, 2011)

I was concerned about this. I had my attorney make my settlement non-modifiable so she can't come back wanting more in the future. The only risk, and it was a microscopic one, was if I would have lost my job or income, I would still have to pay her. With only two years to go, I'm really happy I did this as she has done nothing in terms of education or career that will sustain her in the future. She's still all about going out and having a good time.

She can however come back for more child support if she finds out that my income has went up.


----------

