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Running the Race posted 8/5/2013 09:35 AM

I've got a different topic here from my usually breakdown rants.
I'm out in California, my EXW left me the house and took only a portion of her spousal and child support.
I pay for everything with the kids (Health, sports, school stuff, etc.). My question is this; she signed a statement never to come back after me for more, but is that the case?
Can she come for more spousal or child support at anytime the rest of my life?
Am I doomed to look over my shoulder forever?
I've heard horror stories from some people, but never the guy it’s actually happening to.
All this makes me not want to "poke the bear" and just do anything she says in order to not get it really in the end.
Although regardless of what I do, I figure some day she will be sitting around (with money problems cause she struggle with that during our marriage) and her friends will encourage her to get a lawyer.
If this actually happened to you, please include as much detail on the original agreement.
Thanks.

[This message edited by Running the Race at 9:35 AM, August 5th (Monday)]

LadyQ posted 8/5/2013 09:54 AM

I am not an attorney, so I may be talking out of my other end, here, but I don't think she can come back for more spousal support. It's usually limited to a period of time per the decree (which is undoubtedly written according to state guidelines). As to child support, as long as you have children that are "supportable", there is the possibility of change there. If either of you has a change in income. If CS is based on amount of time each person has custody of the children and there is drastic change in that, it could affect CS.

You might contact your attorney and see what he/she has to say.

devistatedmom posted 8/5/2013 10:01 AM

It would really be worth your while to just go have a sit down with your lawyer and make sure it's all good. Since you are divorced, the papers should have numbers of what she is to get, how long she is to get it, etc. If they don't, I'd really make sure they do.

I have a friend who finally just got his CS to end now. His kids are all 25 and up, he thought the divorce papers had gone through years ago; she never filed them. It cost him a hell of a lot to get FRO (our government agency) to stop taking the money from his account, and finally get the D papers filed properly. I know your papers are filed properly, but yeah, I'd talk to my L to make sure there IS an end. Most times though, no, they can't just come back for more because they feel like it...but CS can be adjusted every so many years...and yeah, she might be able to come back for the full amount. I doubt it for spousal..she will get the amount she agreed to until the time period ends. Please tell me there was a time period

Helen of Troy posted 8/5/2013 10:04 AM

I don't know about SS so I will answer about my experience and knowledge of CS only from my state.

If you lived here and she filed for a modification of CS, and if that modification request were granted, it would only be retroactive to the time she made the filing, not since the legal break of the marriage.
Anyway I don't even know if she could do that given she signed something stating she would never ask for an increase, just saying.

Running the Race posted 8/5/2013 10:36 AM

All: Here is a little more info:
My D paperwork is filed and has gone through
The years se will recieve CS/SS is 5 years (since our marriage was 10)
She works and is renting a place
We both have 50/50 costudy of the kids (although they land on me more, at least when they are awake, they sleep at hers)
When she signed the paperwork, the lawyer put down how much she was entitled to.

brokenblackbird posted 8/5/2013 11:14 AM

How old are your children? Child support is based on your income and her income, it isn't based on how many years in the marriage.

In Washington state, a parent can get a CS modification every 3 years. If the income has gone up, then the CS goes up.

It would benefit you to speak to your lawyer or you can google California child support and see what the rules and regulations are in your state.

HopeImOverIt posted 8/5/2013 12:09 PM

In my state child support can be modified at any time, until the children reach majority. It is a right of the children to be supported by their parents. The right does not depend upon a divorce decree, as it applies equally to children whose parents were never married. Child support obligations cannot be signed away by either parent, unless the children are given up for adoption to another.

Any statement that waives child support or fixes it at a set amount for all time will not be legally binding. I suspect you will find that to be true in all 50 states. What seems to vary from state to state is under what cirumstances the child support amount is readjusted. Some limit changes to every 3 years or substantial change in income of one of the parents.

LadyQ posted 8/5/2013 12:52 PM

I'm in Texas, and they figured CS based solely on the kids' dad's income. Unless there is a substantial change (I think the lawyer said something like a 25% increase/decrease) in HIS income, they won't modify until 3 years.