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  1. #1
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    Jul 2014
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    Default When Can You Modify Spousal Support Based on Changed Circumstances

    My question involves a marriage in the state of: Washington State

    From the arbitrator: "You will note that I awarded the family home at a zero asset value... since the husband will be paying support and college..."

    She ruined my credit - She was awarded the home at $0 value in June 2012 and then was late on 10 of 12 payments for 2013. My credit report shows our joint mortgage was 150 days late in November 2013.

    She recognized a profit - In December of 2013 she sold this same house for a profit of $80,000 minus costs ($335K sale minus $230K first and $25K second). She probably took $50,000 in profit for a house that;
    • she was awarded at no cost
    • she barely made payments towards
    • severely damaged my credit

    The damage to my credit will cost me - I am now having trouble qualifying to purchase a home. If I am able to qualify, I will at a minimum pay much higher interest rates due entirely to her late payments.

    The boys (adults) moved in with me - The boys who lived with her in the marital home moved in with me in December 2012 and have lived with me since.

    She declared bankruptcy - She filed bankruptcy in mid-2013 and wrote off all of her debt.

    Cohabitation / reduced living expense - She had a boyfriend move in with her at the marital home. After selling the marital home, they rented a smaller, older house that would not accommodate our kids well (has only 1 bathroom). She and the boyfriend still live together in that rental.

    Based on all of these facts, I think there's been a material change in circumstances and I don’t feel she needs support any longer. I think her damage to my credit leaves her in contempt although I'm sure that's an entirely different issue. I’ve made 26 timely spousal support payments with 22 payments remaining.

    So, based on all this, do you think I have a better than 50/50 chance for ending or at least reducing spousal support payments.

    Thanks

  2. #2
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    Default Re: When Can You Modify Spousal Support Based on Changed Circumstances

    Does your judgment describe the spousal support as modifiable or non-modifiable?

  3. #3
    Join Date
    Jul 2014
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    5

    Default Re: When Can You Modify Spousal Support Based on Changed Circumstances

    Thanks for your response.

    I just re-read the document. It is quite short. I can't find any mention of modifiable or not, but the decision was an outcome of binding arbitration if that is relevant.

  4. #4
    Join Date
    Apr 2009
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    Default Re: When Can You Modify Spousal Support Based on Changed Circumstances

    The commissioner/judge made her the sole owner but didn't take you off the mortgage? Is that correct?

  5. #5
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    Jul 2014
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    5

    Default Re: When Can You Modify Spousal Support Based on Changed Circumstances

    Hi Dogmatique. Yes, she was given the house and I was left on the mortgage. She was given 10 years to sell or refinance, but she sold after 18 months. The damage is done and things will get better from here, but still the damage that was done was significant.

  6. #6
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    Default Re: When Can You Modify Spousal Support Based on Changed Circumstances

    It appears that she is not in contempt, based purely on what you've said here.

    She was given 10 years to sell, and she sold within 18 months. Unless the agreement penalizes her for non payment, I'm not convinced you'll have any luck in court.

    The next point is her co-habitation.

    This is from a WA attorney (Glenn Tanner):

    Review your decree. Does it say the maintenance terminates on certain events? Does it say the maintenance is modifiable? Unless there is language specifically saying it terminates upon cohabitation, it does not so terminate. If modification is not barred by the decree (which can only be ordered if you and your ex agreed), then co-habitation might be a basis for modifying the maintenance.

    (emphasis mine)

  7. #7
    Join Date
    Jul 2014
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    5

    Default Re: When Can You Modify Spousal Support Based on Changed Circumstances

    I thought the damage she did to my credit would be in violation of the hold harmless, but the bigger issue for me was the appearance that her financial situation had changed in a material way. My remaining support payments are about $20,000. Enough to warrant some investigation, but not enough to hire a team of lawyers. If the consensus here is my chances are slim, I will grin and bare it...

    As for cohabitation, the language is "terminates on the sooner of marriage or death" so there is nothing stating cohabitation is an out and I didn't expect that to be enough to get me out. But I'd hoped that the totality of circumstances would equal a material change. Probably just dreaming.

  8. #8
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    Apr 2009
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    Default Re: When Can You Modify Spousal Support Based on Changed Circumstances

    How long have you got left...22 payments?

    This is going to sound dreadful to you, I'm sure - but have you considered that litigating this might not be cost effective?

  9. #9
    Join Date
    Jul 2014
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    Default Re: When Can You Modify Spousal Support Based on Changed Circumstances

    Yep

  10. #10
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    Default Re: When Can You Modify Spousal Support Based on Changed Circumstances

    Quote Quoting exwa
    View Post
    Yep

    I don't know what to tell you, to be honest. At least on paper, you've been screwed. Still, I think it's worth the cost of an initial consultation with an attorney. S/he can sit down with you and more to the point, he'll know how the court feels in your county.

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