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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27621
Experience:  Attorney with experience in family law.
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What happens with spousal support, I have been separated

Customer Question

What happens with spousal support, I have been separated since August 2013 and filed a divorce Oct 2014 we went to court and the judge was about to finalize until the other party stated he no longer agreed with the judgment we both signed. I think now
he is going to try to get spousal support because he has to pay child support. We married young and we both always worked it was never me taking care of him we always made are own money and bought things separate he had his own car I had mines we never did
anything together except rent and the kids. After we separated I advanced in my job so now I make a lot more then him can he get spousal support.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The purpose of spousal support is to allow spouses to maintain the same standard of living they enjoyed during the marriage. If your income increased significantly after the two of you separated, and you did not live in a manner that your new income would support while married, then you have a strong argument that he is NOT entitled to spousal support. On top of that, since spousal support is need-based, if you haven't been supporting him for the last 2 years, you can argue that he doesn't need your help now.

Also, if he signed the judgment, he needs a really good reason to reopen it - like fraud. Not wanting to pay child support is not a valid reason for re-opening a judgment. If he didn't request spousal support earlier, the judge can find that he waived it.

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