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Lawmoe
Lawmoe, Family Law Attorney
Category: Family Law
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Experience:  Family Law Lawyer for 19 years
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Hello, our spousal support does not go through Friend of the

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Hello, our spousal support does not go through Friend of the Court and we are wondering if you would still be required to pay it if the ex is not reporting it as income so she can get food assistants and rental assistance and Medicad. It is given to her in cash at 200.00 per week.
Submitted: 4 years ago.
Category: Family Law
Expert:  Lawmoe replied 4 years ago.
Is there a court order that requires spousal support to be paid?
Customer: replied 4 years ago.
When my husband filed for a divorce he did all the paperwork himself and it was uncontested. Is that called In Per Pro when you do it on your own?? Anyway, after a few attornies told him he could have to pay around 400.00 per week as he was making around 100,000/year, that is when he decided to do it himself and she agreed to 200.00 per week. So it is in the "divorce papers" that he will pay 200.00 a week. Since then he now makes 72,000.00/year. After the divorce was done, her mother became involved and was givin power of attorney over her(she is bipoler) and she hired an attorney and got a court order for half his 401k and half of his pension. He pays her cash through deposits into her account every week. We do not understand how she can get all this money from the state and gets alimony weekly plus assets of 90,000.00 from his retirements. This is why we wonder if he could stop payingbecause as I said it is not through Friend of Court or lower it or something. Like I stated, we did report her but nothing as of yet has been done. Thank you
Expert:  Lawmoe replied 4 years ago.

If it is in the divorce papers, that is a court order and it must be paid or he will be in contempt of that court order.

 

Depending on what the court order states, the spousal support may be non-modifiable or it may be modifiable if there is a change in circumstance. Generally, if it does not specify that there was a waiver of modification, it can be modified upon filing a motion to modify spousal support supported by an affidavit and any documents that indicate why it must be modified. His income, of course is critical to the analysis. So too is the income of the other party. Equally as important is whether either party has had increased or decreased living expenses.

 

Whether the other parent is reporting the maintenance as income largely irrelevant.

 

Customer: replied 4 years ago.
OK ....would an increase in living expenses be concidered as he got remarried (to me :) ) and now having three step children ages 16, 13, 11. As I do believe remarriage and new family and such usually does not matter if someone was looking to decrease child support, just wondering if it the same for spousal support. Obviously we would like to get it lowered and are a little cranky at the fact she gets so much from a state (michigan) that is hurting so bad.
Expert:  Lawmoe replied 4 years ago.

A remarriage could actually be considered a decrease in living expenses since it may be presumed that there are now two people contributing to the household expenses> That would be an argument the other side would undoubtedly make. You, of course, can counter if that is not true.

 

Your spouse has no legal obligation to support step children. Although you can raise the issue, it is not likely to be given much weight for that reason and because the new relationship is considered a choice that is made with knowledge of the existing support obligation.

 

 

I think the critical issue here is the reduce income and the other parties presumed diminished need based on receipt of substantial public assistance.

 

Lawmoe, Family Law Attorney
Category: Family Law
Satisfied Customers: 2415
Experience: Family Law Lawyer for 19 years
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