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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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Hi, I live in Oregon and have been divorced for about 2 and

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Hi, I live in Oregon and have been divorced for about 2 and half years. I have 2 grown children from this marriage just as FYI. I am now paying spousal support, as stipulated, to my ex-wife. We are both right at about 50 years of age. I am a manager and make approximately $80,000 a year (including bonuses) and she makes about 27,000 a year. I'm currently paying her $650 a month plus a portion of my bonus until I retire at age 65. Our marriage is of 27 years. It is also stipulated that she will continue with schooling in order to attain a better paying job in the future. She has recently received a $200,000 inheritance. Can I open up our case back up to try to eliminate or lower spousal support in light of this inheritance?
Submitted: 5 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 5 years ago.

DearCustomer

 

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, oftentimes there are future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

 

Yes, you can. This would be via a Motion for Modification of Spousal support based on a change in circumstances not anticipated at that time of the original order. The major change would be her resources - as they are no longer as low as they were when the original order was put in place and the amount has changed significantly. If this inheritance was know about and/or contemplated at the time of the first order, you will have problems, but otherwise, I would move for a modification.

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Customer: replied 5 years ago.
Hi Ms Joy,
Thankyou for your reply.
You stated that if this inheritance was known about, that I might have problems. I knew that her 82 year old mother was still alive (obviously) at the time of the divorce and that she owned an estate. Does that constitute me knowing about an inheritance? Would that much knowledge imply that I had that inheritance in consideration at the time?
Expert:  AlexiaEsq. replied 5 years ago.

HiCustomer

 

I would argue NOT. First, a living person 'has no heirs'. We don't know what the last will would have said because it can be changed at any time before death - thus, your ex had no right to an inheritance at all while mom was still alive. She could have left is elsewhere in a NY minute - and this happens all the time. I also doubt that this circumstances would indicate any type of contemplation of that as yet non-inheritance, unless it was actually discussed by the two of you and was a basis for keeping her alimony down (i.e. would it have been higher but for the inheritance). For instance, if the mother had died prior to the divorce, and you knew about what the now-FINALwill said but your wife did not yet have the inheritance, yes, then I think it would be stacked against you.

AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11740
Experience: 19+ Years of Legal Practice in Family law matters.
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