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  1. #1

    Default Models of Support Agreements

    I am getting divorced in Oregon. I am trying to think through what elements we want in our support agreement, both alimony and child support.

    We are both in our 50's. We've been married 10 years, with two kids 8 and 10.

    I have greater earning potential than she does by about 3x (i.e, if she could make $50k/yr, i can make $150k/yr).

    I would like her to have a similar life style to mine, largely for the kids. How to we put this into writing? What might come up that we should consider?

    For example, if she marries or co-habits, how do we adjust support? It seems to blanket to say support ends if she marries. Her new partner may make considerably less than her and the fact of her cohabiting may change her standard of living minimally. And what do we do if we make a change becuase she cohabits and that relationship ends? Does my support go back up?

    What if she is making half of what i make? Or, albeit unlikely, what if she makes the same as i do? Do we write down a formula for support that we regularly use to adjust support? Is this a known process?

    Also, my income is uncertain at this time. If we were married, we would share the burden of that. If we are not married, and i have a fixed amount to give her, why should i bear the burden of that? It seems that in standard agreements the burden is all on the payer: is she makes more or less, i still pay the same.

    Are there known answers to all this? I feel like i am reinventing the wheel, when this has to have been considered thousands of times.

    Thanks!

  2. #2
    Join Date
    Jun 2010
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    667

    Default Re: Models of Support Agreements

    Quote Quoting dan.cosmo.grupp@gmail.com
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    For example, if she marries or co-habits, how do we adjust support? It seems to blanket to say support ends if she marries. Her new partner may make considerably less than her and the fact of her cohabiting may change her standard of living minimally. And what do we do if we make a change becuase she cohabits and that relationship ends? Does my support go back up?
    Remarriage/cohabitation can certainly affect alimony, but should not affect child support - her new partner has no legal responsibility to support your children.

    What if she is making half of what i make? Or, albeit unlikely, what if she makes the same as i do? Do we write down a formula for support that we regularly use to adjust support? Is this a known process?
    Most states have CS guidelines and calculators. Check Google.

    Also, my income is uncertain at this time. If we were married, we would share the burden of that. If we are not married, and i have a fixed amount to give her, why should i bear the burden of that? It seems that in standard agreements the burden is all on the payer: is she makes more or less, i still pay the same.
    Much will depend on the reason(s) behind your income drop. Generally, if it is due to voluntary action on your part? Your support will not change.

    Are there known answers to all this? I feel like i am reinventing the wheel, when this has to have been considered thousands of times.

    Thanks!
    Google for OR family law statutes. You'll also turn up articles from state-licensed attorneys that will provide information and a better understanding.

    For anything to be enforceable, it needs to be court-ordered, rather than just "an agreement" you reach. Modifications would also go through the court to be enforceable.

  3. #3
    Join Date
    Jul 2018
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    2,359

    Default Re: Models of Support Agreements

    Quote Quoting dan.cosmo.grupp@gmail.com
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    I have greater earning potential than she does by about 3x (i.e, if she could make $50k/yr, i can make $150k/yr).
    I'm curious why you've told us about your earning potential, as opposed to what you actually earn. What are your actual annual incomes?


    Quote Quoting dan.cosmo.grupp@gmail.com
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    I would like her to have a similar life style to mine, largely for the kids. How to we put this into writing? What might come up that we should consider?
    Two answers to this question. 1. You figure out how much you'll need to pay her each month to make happen what you want to happen and divide that amount between spousal and child support. 2. Consult with a local family law attorney.


    Quote Quoting dan.cosmo.grupp@gmail.com
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    For example, if she marries or co-habits, how do we adjust support?
    You can do whatever you want.


    Quote Quoting dan.cosmo.grupp@gmail.com
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    It seems to blanket to say support ends if she marries. Her new partner may make considerably less than her and the fact of her cohabiting may change her standard of living minimally. And what do we do if we make a change becuase she cohabits and that relationship ends? Does my support go back up?
    Again, if you're preparing a mutual agreement, you can pretty much do what you want. That said, it is common for spousal support to end upon remarriage. If you want to say that something will happen in the event of cohabitation, that's up to you.


    Quote Quoting dan.cosmo.grupp@gmail.com
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    What if she is making half of what i make?
    Then X = 1/2Y (or, stated differently, Y = 2X), where X is her income and Y is your income. Seriously, I have no idea what this question might mean.


    Quote Quoting dan.cosmo.grupp@gmail.com
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    Or, albeit unlikely, what if she makes the same as i do?
    Then X = Y.


    Quote Quoting dan.cosmo.grupp@gmail.com
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    Do we write down a formula for support that we regularly use to adjust support? Is this a known process?
    You can do that. More commonly, the payee of support (or, sometimes, the payor) will go back to court now and then to adjust support based on income changes.

    Quote Quoting jumanji
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    Remarriage/cohabitation can certainly affect alimony, but should not affect child support - her new partner has no legal responsibility to support your children.
    While I agree, marriage/cohabitation can often result in a reduction in expenses, which could warrant an adjustment of child support.

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