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aturek
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Reged: 03/18/09
Posts: 1
Please Help...Court tomorrow
      #514603 - 03/18/09 02:49 PM

Married 21 years. the last 12 I worked secure, long term jobs to provide income and health benefits for the family while my ex husband was pursing various business ventures and odd jobs. He now has gone through training and is a truck driver.

I am on unemployment and would like to take this opportunity to go back school fool time to change my career path. I do not have a car and will be moving to the city (higher cost of living) for school.

My Ex now owns 2 vehicles and a truck (18 wheel that he is financing for $180,000.00 his estimated gross earnings are 10,000. - 12,000. monthly.

I would like to modify my support from $73.00 mth (I was working at the time of settlement) to a higher amt so I can go to school. How should I best present this in court to obtain an increase in spousal support. Court is tomorrow and I'm representing myself. Appreciate any help I can get. Thank you, Annette


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PhoenixRising
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Reged: 01/05/07
Posts: 3681
Loc: New York
Re: Please Help...Court tomorrow [Re: aturek]
      #514638 - 03/18/09 05:32 PM

"the last 12 I worked secure, long term jobs to provide income and health benefits for the family"

Your history shows an ability to be self-supporting.

There isn't any basis for spousal support.

Sorry

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Be kind, for everyone you meet is fighting a hard battle. --Plato


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finz
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Reged: 06/17/08
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Re: Please Help...Court tomorrow [Re: PhoenixRising]
      #514709 - 03/19/09 01:36 AM

Were you still together while he was going to trucker school and financing his truck ?

If not, I don't think you can expect to gain if he bettered himself after the divorce.

If you supported him while he completed his training, I would focus on that...you would like his support while you increase your earning capacity


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javajunkiee
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Reged: 06/01/08
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Loc: SC
Re: Please Help...Court tomorrow [Re: aturek]
      #514807 - 03/19/09 08:49 AM

I don't see a way to increase your ss. If his training as a truck driver was post divorce, you can't argue you contributed to it. He took the initiative and paid the price to better himself, so the court will likely expect you to do the same.

Plus, since you worked the last 12yrs you are considered capable of being self-supporting. Your contributions to the marriage should've been weighed during the initial ss computation.

So, why were you not awarded more than the $73 after 21 yrs of marriage? That would've been the time to make your case for higher ss. For some reason the judge thought you didn't need more than that, or tried to compensate you in other areas.

Really, I wouldn't do this pro se as you have an uphill battle. Unless you get a sympathetic judge, your ss will not change.

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Marriage doesn't come with a money-back guarantee.


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yregna
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Reged: 07/25/06
Posts: 1265
Loc: Oregon
Re: Please Help...Court tomorrow [Re: aturek]
      #517160 - 03/25/09 12:36 PM

What exactly make you think you have the right to another person's earnings for the rest of your life you piece of human garbage ?

You spread your legs and somehow you are entitled to MONEY FOREVER ? Can you explain where this attitude comes from ? You are the living breathing example of why it is OK for men who are stronger to physically abuse women as much as they want, as long as they want. Nuff said !

--------------------
"Anything free is worth what you pay for it..."
"Climate is what we expect, weather is what we get"


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