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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29556
Experience:  Attorney with experience in family law.
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My husband and I were married 25 years. I was an at home mom

Customer Question

My husband and I were married 25 years. I was an at home mom during our marriage. We both currently live in Wisconsin. He is retiring and moving to Arizona, April 1st and wants to reduce the maintenance that he is currently paying. If I agree to this can I get a increase when he finds a job and or when his social security starts.
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.

If the agreement says that support will go back up to the original amount once he finds a job or starts receiving Social Security, that will make it much easier for you to get it increased again. Otherwise, you'd have to file a Motion for Modification based on a material change in circumstances (in Wisconsin), register the order you get in Arizona, and seek to enforce it there if he won't pay voluntarily. An increase in his income will be considered a material change that justifies an increase to Social Security - it would just be easier for you if anything you sign says you can have the amount increased against later.

You should be aware that if you are at least 62 years old, you will be able to collect Social Security benefits based on his record as long as you do not remarry before he reaches retirement age. Your benefit would be 1/2 of the money he receives if you wait to receive benefits until you're 67 (but you can collect earlier). That doesn't affect his benefit at all. Here is more information:

https://www.ssa.gov/planners/retire/divspouse.html

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