Should You Attempt to Terminate Spousal Support if Your Ex- Moves In With a Boyfriend
Need some advice here,
My ex-wife's boyfriend has now officially moved in with her. I understand that I can have her spousal support reduced or completely taken away but my concern is should I take action now or wait??? They have been dating 2 years or more. Their affair was the cause of our divorce which became final 7 months ago. We have a 50/50 split parenting time with our two children, 11 year old and 17 year old. I currently pay 900 per month in spousal support and 108 in child support. I also provide health, dental and vision for the children as well as pay for all their school clothes, school supplies, and school/sports activities. Any advice is welcome and much appreciated. Thanks!
Re: Ex-Wife Now Living with Boyfriend
I would jump on that in a heartbeat.
Re: Ex-Wife Now Living with Boyfriend
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USERPDX503
Need some advice here,
My ex-wife's boyfriend has now officially moved in with her. I understand that I can have her spousal support reduced or completely taken away but my concern is should I take action now or wait??? They have been dating 2 years or more. Their affair was the cause of our divorce which became final 7 months ago. We have a 50/50 split parenting time with our two children, 11 year old and 17 year old. I currently pay 900 per month in spousal support and 108 in child support. I also provide health, dental and vision for the children as well as pay for all their school clothes, school supplies, and school/sports activities. Any advice is welcome and much appreciated. Thanks!
What exactly does your decree say about modification? It matters.
And in which US state do you reside?
Re: Ex-Wife Now Living with Boyfriend
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Dogmatique
What exactly does your decree say about modification? It matters.
And in which US state do you reside?
The decree says "Spousal support payments shall continue until the payment due on January 1, 2025 or the death of either party, or future order of the court, whichever comes first."
The state of Oregon.
Thanks!
Re: Ex-Wife Now Living with Boyfriend
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USERPDX503
The decree says "Spousal support payments shall continue until the payment due on January 1, 2025 or the death of either party, or future order of the court, whichever comes first."
The state of Oregon.
Thanks!
Remarriage and/or cohabitation are not automatic grounds to terminate alimony in Oregon.
You CAN try to show that her income has increased substantially but there's no guarantee it will work. Get thee to an attorney ASAP.
Re: Ex-Wife Now Living with Boyfriend
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USERPDX503
Need some advice here,
My ex-wife's boyfriend has now officially moved in with her. I understand that I can have her spousal support reduced or completely taken away but my concern is should I take action now or wait??? They have been dating 2 years or more. Their affair was the cause of our divorce which became final 7 months ago. We have a 50/50 split parenting time with our two children, 11 year old and 17 year old. I currently pay 900 per month in spousal support and 108 in child support. I also provide health, dental and vision for the children as well as pay for all their school clothes, school supplies, and school/sports activities. Any advice is welcome and much appreciated. Thanks!
I am going to give you some advice that probably no one else will give you.
Spousal support is tax deductible to you and taxable income to her. Child support is NOT. I do not know how you lucked out having only 108.00 allocated to child support and the rest allocated to spousal support but that is a serious benefit to you, tax wise.
I can 100% guarantee that if you get spousal support reduced or taken away that your child support will increase dramatically.
You absolutely should NOT do anything whatsoever until you are able to have an attorney run the numbers for you to see where you would stand with child support if you are not paying any alimony. The last thing that you would want would be to end up giving her nearly the same amount of money, but without the benefit of the tax deduction.
Re: Ex-Wife Now Living with Boyfriend
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llworking
I am going to give you some advice that probably no one else will give you.
Spousal support is tax deductible to you and taxable income to her. Child support is NOT. I do not know how you lucked out having only 108.00 allocated to child support and the rest allocated to spousal support but that is a serious benefit to you, tax wise.
I can 100% guarantee that if you get spousal support reduced or taken away that your child support will increase dramatically.
You absolutely should NOT do anything whatsoever until you are able to have an attorney run the numbers for you to see where you would stand with child support if you are not paying any alimony. The last thing that you would want would be to end up giving her nearly the same amount of money, but without the benefit of the tax deduction.
The tax considerations is great advice. Thanks. The state of Oregon has a child support calculator on the state's website and I've done the math. If spousal support was to go away completely, my child support would go up to roughly 350 per month. The reason the child support is so low is because they live with me the same amount of days per year as they are with her and she has a full-time job that pays her a decent salary with decent benefits.
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USERPDX503
The tax considerations is great advice. Thanks. The state of Oregon has a child support calculator on the state's website and I've done the math. If spousal support was to go away completely, my child support would go up to roughly 350 per month. The reason the child support is so low is because they live with me the same amount of days per year as they are with her and she has a full-time job that pays her a decent salary with decent benefits.
Correction, it would be 250 per month. Not 350.
Re: Ex-Wife Now Living with Boyfriend
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Quoting
USERPDX503
The tax considerations is great advice. Thanks. The state of Oregon has a child support calculator on the state's website and I've done the math. If spousal support was to go away completely, my child support would go up to roughly 350 per month. The reason the child support is so low is because they live with me the same amount of days per year as they are with her and she has a full-time job that pays her a decent salary with decent benefits.
Correction, it would be 250 per month. Not 350.
Ok, then you really do not need to worry about the tax considerations so much. Do remember about the tax deduction for the spousal support that you have paid this year when tax time rolls around, even if you are no longer paying it.
Re: Ex-Wife Now Living with Boyfriend
I'm hoping that someone has been through a similar situation or know someone that has been through a similar situation and can share those experiences with me.