Last Spousal Maintenance payment made - now what?

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Re: Last Spousal Maintenance payment made - now what?

Unread postby lionel2013 » Wed Nov 22, 2017 2:12 pm

Her lawyer requested $4,500 per month as permanent. The judge dismissed that and awarded 5 years but left it "modifiable."


"Modifiable" means the amount can be change for the duration of the award specified in the decree. Your 5 years are up, you are done, the monkey is off your back. Congratulations, and no, you have nothing to worry about.
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Re: Last Spousal Maintenance payment made - now what?

Unread postby SoxFan1986 » Wed Nov 22, 2017 2:57 pm

make triple copies of the canceled checks and crack yourself a cold beer. your a free man...
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Re: Last Spousal Maintenance payment made - now what?

Unread postby dad2grls » Wed Nov 22, 2017 3:00 pm

lionel2013 wrote:
Her lawyer requested $4,500 per month as permanent. The judge dismissed that and awarded 5 years but left it "modifiable."


"Modifiable" means the amount can be change for the duration of the award specified in the decree. Your 5 years are up, you are done, the monkey is off your back. Congratulations, and no, you have nothing to worry about.


In almost every state the alimony recipient can go back to court and request more, even if the alimony has expired. Even if it was nonmodifiable. They can claim extreme hardship, or they may be a a danger of becoming a "ward of the state" and be about to go on welfare, and the states look to the former spouse to foot the bill.

I haven't paid spousal support since it expired 3+ years ago but I wouldn't be surprised if I got a petition in the mail one day saying she (or the state social services dept) is sueing me for more.
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Re: Last Spousal Maintenance payment made - now what?

Unread postby Trevor » Wed Nov 22, 2017 3:02 pm

Can you provide examples, and state statutes, which support your statement?
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Re: Last Spousal Maintenance payment made - now what?

Unread postby lionel2013 » Wed Nov 22, 2017 3:44 pm

In almost every state the alimony recipient can go back to court and request more, even if the alimony has expired. Even if it was nonmodifiable. They can claim extreme hardship, or they may be a a danger of becoming a "ward of the state" and be about to go on welfare, and the states look to the former spouse to foot the bill.


Where are you getting this from?? Can you give us at least one example?
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Re: Last Spousal Maintenance payment made - now what?

Unread postby dad2grls » Wed Nov 22, 2017 4:12 pm

lionel2013 wrote:
In almost every state the alimony recipient can go back to court and request more, even if the alimony has expired. Even if it was nonmodifiable. They can claim extreme hardship, or they may be a a danger of becoming a "ward of the state" and be about to go on welfare, and the states look to the former spouse to foot the bill.


Where are you getting this from?? Can you give us at least one example?


There are numerouscase law examples within these three articles, although in these particular cases the wife was unsuccessful in her bid for more support. I have them filed away in case I need them to defend myself from such an action in the future.

https://law.justia.com/cases/new-york/o ... 29360.html

https://law.justia.com/cases/new-york/o ... 549-u.html

https://scholar.google.com/scholar_case ... 3&as_vis=1
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Re: Last Spousal Maintenance payment made - now what?

Unread postby lionel2013 » Thu Nov 23, 2017 2:26 pm

although in these particular cases the wife was unsuccessful in her bid for more support.


Aaaah, thanks for clarifying. Of course they were unsuccessful. Of course they can always go to court and ask for more -- that doesn't mean they'll get anything unless their divorce decrees somehow allows it (left open to interpretation, sloppily written).
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Re: Last Spousal Maintenance payment made - now what?

Unread postby dad2grls » Fri Nov 24, 2017 1:05 pm

lionel2013 wrote:
although in these particular cases the wife was unsuccessful in her bid for more support.


Aaaah, thanks for clarifying. Of course they were unsuccessful. Of course they can always go to court and ask for more -- that doesn't mean they'll get anything unless their divorce decrees somehow allows it (left open to interpretation, sloppily written).


In my state the courts retain jurisdiction to award support to an ex-spouse regardless of what was written into the divorce decree, even if support was deemed nonmodifiable, even if was paid but long since expired. In those links I provided there are some cases where the "monied" spouse was ordered to start paying support under those exact conditions because at least in my state, if an ex-spouse is in danger of becoming a public charge, the courts can award support. It doesn't happen often, but it does happen.
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Re: Last Spousal Maintenance payment made - now what?

Unread postby nr552 » Mon Nov 27, 2017 1:35 pm

My 8 years of support, ended after 3, had it terminated permanently 2 years after that. Non-modifiable. Done. No more, NADA. My Ex can become 100% disabled-- and she'll have little or no recourse to obtain any support from me. The judge explained that and more to her when she agreed, in court, with her attorney present, that she will not have the ability to come back later due to change or circumstances, etc.

The 3 examples shown of cases where people attempted to reopen the SS were old, and some involved arrears which means that the SS obligation wasn't complete.
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Re: Last Spousal Maintenance payment made - now what?

Unread postby lionel2013 » Mon Nov 27, 2017 1:39 pm

My 8 years of support, ended after 3, had it terminated permanently 2 years after that.


The math doesn't add up here. How did you have an eight year support obligation "end after 3" and have it "terminated permanently" two years after that?
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