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BurnedbyDivorce
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Spousal Support Settlement
      #692363 - 09/23/10 04:47 PM

Wife was awarded 5 years of alimony. I've been paying $600 a month for 2 years as on Sep 1. I have 3 years remaining. Ex-wife posed the idea to her lawyer for a lump sum settlement of $6000 and wave spousal support for the next 3 years, which would equal $21,600.

This settlement idea comes after I found out she has been living with someone she plans on marrying soon and has had a child with him. I've hired an attorney to try to get the alimony reduced or dropped all together. She nows I have an attorney, so that is where this is coming from.

What do y'all think? Take it or pay $2500 retainer fee and fight to get it dropped all together? I would be paying $600 a month until we went to court.


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DedicatedDad
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Re: Spousal Support Settlement [Re: BurnedbyDivorce]
      #692365 - 09/23/10 04:52 PM

You only need an attorney to look at the decree once you amend it. You only have to change a couple sentences. It should cost no more than a few hundred.

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googledad
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Re: Spousal Support Settlement [Re: BurnedbyDivorce]
      #692366 - 09/23/10 04:52 PM

What state ? Not all will terminate support due to cohabitation .

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BurnedbyDivorce
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Re: Spousal Support Settlement [Re: googledad]
      #692368 - 09/23/10 05:01 PM

California

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Miranda
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Re: Spousal Support Settlement [Re: BurnedbyDivorce]
      #692369 - 09/23/10 05:02 PM

[quote]California [/quote]


In California, everything goes. There is a lady on here that has cohabitated for years in the Bay area and continued to collect alimony from her former spouse.

Have you actually spoken to your attorney regarding it?

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googledad
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Re: Spousal Support Settlement [Re: BurnedbyDivorce]
      #692372 - 09/23/10 05:06 PM

IN CA cohabitation isn't automatic grounds for termination , it gives rise to a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support.

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DedicatedDad
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Re: Spousal Support Settlement [Re: googledad]
      #692391 - 09/23/10 08:10 PM

The OP isn't looking for a reduction. His ex has offered to reduce the amount to a lesser amount with a lump sum payment, probably as she wants to get married now, and this could be used as grounds as eliminate alimony.

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googledad
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Re: Spousal Support Settlement [Re: DedicatedDad]
      #692399 - 09/23/10 09:48 PM

The OP isn't looking for a reduction.

>>>>>>>> That's not what he said in his original post .

His ex has offered to reduce the amount to a lesser amount with a lump sum payment, probably as she wants to get married now, and this could be used as grounds as eliminate alimony.

>>>>>>>> Marriage would terminate the award . He could pay the $6000 and move on , try to wait her out and hope she get's married in less than 10 months ( another $6000 ) or motion to modify/terminate while paying a retainer AND support till the trial ( at a MINIMUM 6 months after filing ) with no guarantee of success and the POTENTIAL of legal fees in EXCESS of $6000 .

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googledad
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Re: Spousal Support Settlement [Re: BurnedbyDivorce]
      #692442 - 09/23/10 11:29 PM

Wife was awarded 5 years of alimony. I've been paying $600 a month for 2 years as on Sep 1. I have 3 years remaining. Ex-wife posed the idea to her lawyer for a lump sum settlement of $6000 and wave spousal support for the next 3 years, which would equal $21,600.

>>>> There's no reason you can't make a counteroffer for less .

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1966Gal
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Re: Spousal Support Settlement [Re: BurnedbyDivorce]
      #693252 - 09/27/10 01:15 PM

You might as well try to negotiate for less, but if you can't, I'd jump at that deal. You can pay $600 a month for 36 months = $21,600 or $6000 now and get out of it once and for all. It's a no-brainer.

"Why" she wants a lump-sum settlement doesn't matter. What does matter is the $15,6000 you will save. You are being offered a great deal, and I don't think it matters if it's because she wants to get married or out of the goodness of her heart. Bottom-line, it's money in your pocket.

You shouldn't need $2500 in lawyers fees. Have your lawyer write it up. Shouldn't take more than a hour or two of his/her time.

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hanzblinx
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Re: Spousal Support Settlement [Re: 1966Gal]
      #693277 - 09/27/10 03:13 PM

If she offers 6K you offer 4K.

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yregna
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Re: Spousal Support Settlement [Re: hanzblinx]
      #693515 - 09/28/10 03:48 PM

Make sure your ex knows she will forever be looking over her shoulder, and that someday you intend to gouge the alimony $$ out of her empty eye sockets.

Your choice if that happens before / after she expires...

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BurnedbyDivorce
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Re: Spousal Support Settlement [Re: yregna]
      #698204 - 10/15/10 11:55 PM

LOL!!! You have no idea. :) If only there wasn't a body of water between us.

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BurnedbyDivorce
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Re: Spousal Support Settlement [Re: hanzblinx]
      #698205 - 10/15/10 11:59 PM

I offered $5K to terminate support and all payments made until agreement be deducted from that amount. According to "my" attorney, "her" attorney agreed to the $5K. My attorney sent her attorney's wife, who happens to be his secretary, a copy of the agreement to look over. The wife, told the ex of the proposal, who then said "No... counter with $7K." I say... NO DEAL!!! $5K of bust... I will spend that money on lawyer fees to have it dropped to zero before I give her a penny more.

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BurnedbyDivorce
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Re: Spousal Support Settlement [Re: 1966Gal]
      #698206 - 10/16/10 12:01 AM

Right... no need for $2500+ in lawyer fees. She has agreed to waive the retainer and just charge to draft up the paperwork. It's still adding up though. I had no idea that attorneys charge for every little thing. Phone calls answered, made... emails read, drafted... etc. Spent close to $300 last month just on this stuff.

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BurnedbyDivorce
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Re: Spousal Support Settlement [Re: BurnedbyDivorce]
      #698207 - 10/16/10 12:03 AM

BTW... I sent an Income and Expense declaration over a month and a half ago to her. Still nothing back. My lawyer is threatening contempt. Maybe that will motivate her.

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Goodmom
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Re: Spousal Support Settlement [Re: BurnedbyDivorce]
      #698216 - 10/16/10 06:28 AM

[quote]I offered $5K to terminate support and all payments made until agreement be deducted from that amount. According to "my" attorney, "her" attorney agreed to the $5K. My attorney sent her attorney's wife, who happens to be his secretary, a copy of the agreement to look over. The wife, told the ex of the proposal, who then said "No... counter with $7K." I say... NO DEAL!!! $5K of bust... I will spend that money on lawyer fees to have it dropped to zero before I give her a penny more. [/quote]

You really aren't in a good bargaining position. Your ex does not have to settle at all.

And then you will be paying more than $7K.

Of course, that's your choice.


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scaredwoman
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Re: Spousal Support Settlement [Re: BurnedbyDivorce]
      #698726 - 10/18/10 08:40 AM

wow, I need to know how these women are screwing the men!!! I am dealing with a husband who has a judge niece, and he is getting so much help!!! I brought everything into the marriage, spent inheritance money this Spring and summer, and I am the one out in cold!!!!

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