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Samuel II
Samuel II, Attorney at Law
Category: Family Law
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Experience:  General practice of law with emphasis in family law.
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I am currently paying spousal support from my divorce in Vermont.

Resolved Question:

I am currently paying spousal support from my divorce in Vermont. My support was negotiated between myself and my ex-spouse based on my current salary and for a term of 10 years. I have sense remarried and my current spouse works. It is a possibillity that I may lose my job in the near future as my agency is going through work force draw downs. If my income changes and I go back to court would my new spouse's income be allowed to be considered by the courts?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello

My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard

The answer is no.

However, it does not mean that your obligation will be lowered. The court may say that you Must find a job making as much or more than you had because you have an obligation to your ex spouse. And, of course, one cannot self impoverish themselves to avoid this obligation.

So, while your new spouse's income will not be considered, it does not mean that you will not have to continue to pay what you are currently ordered, and of course the court is not going to care if you pay it with another job, 3 jobs or if your spouse contributes to you obligation.


I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated
Customer: replied 1 year ago.


Thank you for your prompt reply. Can you please site the law that gives the answer that my new spouse's income cannot be considered?


 

Expert:  Samuel II replied 1 year ago.
Hello

Yes. It is here at this link and it reads the following and as you can see there is nothing specifying the current spouse be responsible nor their income considered.


http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=15&Chapter=011


§ 752. Maintenance

(a) In an action under this chapter, the court may order either spouse to make maintenance payments, either rehabilitative or permanent in nature, to the other spouse if it finds that the spouse seeking maintenance:

(1) lacks sufficient income, property, or both, including property apportioned in accordance with section 751 of this title, to provide for his or her reasonable needs; and

(2) is unable to support himself or herself through appropriate employment at the standard of living established during the civil marriage or is the custodian of a child of the parties.

(b) The maintenance order shall be in such amounts and for such periods of time as the court deems just, after considering all relevant factors including, but not limited to:

(1) the financial resources of the party seeking maintenance, the property apportioned to the party, the party's ability to meet his or her needs independently, and the extent to which a provision for support of a child living with the party contains a sum for that party as custodian;

(2) the time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;

(3) the standard of living established during the civil marriage;

(4) the duration of the civil marriage;

(5) the age and the physical and emotional condition of each spouse;

(6) the ability of the spouse from whom maintenance is sought to meet his or her reasonable needs while meeting those of the spouse seeking maintenance; and

(7) inflation with relation to the cost of living.
Customer: replied 1 year ago.


I have already read that particular statute and it appears to only address awarding maintenance at the onset of the divorce. I am looking for something spefically that talks about renegotiation of support based on income changes. I have found that law in other States, but not in Vermont.

Expert:  Samuel II replied 1 year ago.
Hello

And that would be in Case Law and we cannot provide that for you from this website

However, the spouse's income is not - I repeat not taken into consideration. However, as I stated, your obligation is yours and the court will not care how you get the money to do that
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 22523
Experience: General practice of law with emphasis in family law.
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Samuel II
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General practice of law with emphasis in family law.