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Alex J. Esq.
Alex J. Esq., Attorney at Law
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My wifes attorrney has filed a motion to increase her support.

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My wife's attorrney has filed a motion to increase her support. Can I add items to be reviewed during the hearing even though it is not my motion? can i ask the court to order her to apply for disabilty benefit for example?
Submitted: 2 years ago.
Category: Family Law
Expert:  Alex J. Esq. replied 2 years ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Unfortunately, you would have to bring all of the arguments and issues at the child support modification hearing, however the court would not order a party to apply for disability benefits and even if the custodial parent applies and received disability benefits, they would not decrease the amount of the required child support.
Customer: replied 2 years ago.


This is for Spousal support. She claims to be unable to work. CAn I not compelled her to apply for disability then? And can I add that issue to the hearing even if it is not my motion?

Expert:  Alex J. Esq. replied 2 years ago.
Dear Phillipe,

Unfortunately, neither you or the court can compel her to apply for disability, as it is up to each person if they choose or not to apply for disability benefits.

Whether the spousal support can be increased, would depend whether the original spousal support order was modifiable or not and if it was modifiable, then your ex can file a motion with the court to increase the amount of the spousal support and you will be able to bring out any legal arguments against an increase at the court hearing and also can conduct discovery prior to the court hearing/trial.
Customer: replied 2 years ago.


I have heard the exact opposit from other attorneys. In the same way I can force her to Have an IME or to look for a Job if the court sees that she is unwilling to do so on her own. The question was more about the ability to add items to a motion that is not mine.

Expert:  Alex J. Esq. replied 2 years ago.
Dear Philippe,

Thank you for your follow up.

You would not be adding your requests to your ex-wife's motion, but rather you would raise any issues related to your ex's motion either orally during trial or you can file an objection to this motion and state your position.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13533
Experience: Licensed experienced Attorney
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