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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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