BurnedbyDivorce
recently joined
Reged: 10/31/09
Posts: 12
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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
veteran
Reged: 09/05/04
Posts: 1318
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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
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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What state ? Not all will terminate support due to cohabitation .
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Careful. We don't want to learn from this.
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BurnedbyDivorce
recently joined
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Posts: 12
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California
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Miranda
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Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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[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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13.1...because I am only half crazy!
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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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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Careful. We don't want to learn from this.
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DedicatedDad
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Reged: 09/05/04
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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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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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Careful. We don't want to learn from this.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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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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Careful. We don't want to learn from this.
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1966Gal
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Reged: 04/04/08
Posts: 10098
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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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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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