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If My Ex Spouse's New Mate is Wealthy, Can I Get My Support Obligation Cut? Read Here!

Posted by Jeffrey Hoffer | Sep 06, 2014 | 0 Comments

This is a question that many men ask me. Many of them are thrilled that their ex wives married a rich guy and now want to eliminate or reduce their support obligations. Can it be done successfully?

Yes and No.

When it comes to Spousal Support, if your ex spouse is married to or living with another person, then that obligation can be reduced or eliminated. In the vast majority of cases, spousal support will be reduced to zero if your ex spouse remarries. The only situation where this would not happen is where there is a stipulated judgment that spousal support is non modifiable, even in the event of remarriage. In my 21 years of practice, I have only seen this situation once.

If your ex spouse is cohabiting with another person, then the law presumes that he/she has a reduced need for spousal support. He/she can rebut the presumption with other evidence and can demonstrate that the need is not reduced.

With child support, however, things are different. As a parent, you have an obligation to support your child. Your ex's new mate does not. So, even if your ex wife marries a multi millionaire, your support may actually go up. Here's why-

Your ex wife and her millionaire new spouse will most likely sign joint tax returns. Doing so will kick her up into a higher tax bracket thereby reducing the amount of money on her side available for support. You will then have to make up that deficit. I know that seems unfair and it probably is.

So, my best advice to you is if your ex spouse remarries, by all means go to Court and eliminate your spousal support obligation; however, when it comes to child support, you should leave well enough alone.

About the Author

Jeffrey Hoffer

About Our Accomplished Divorce & Family Law Attorney in Thousand Oaks & Agoura Hills Jeffrey is a seasoned divorce lawyer who focuses his efforts on achieving excellent results for his clients in divorce and family law matters. Over his career, the results he has obtained translated into million...

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