Legal question about spousal support

[scottmandue]

I am being told that once a couple is divorced and the papers are signed if spousal and child support amounts have been agreed to they continue on... even after the women gets remarried... is that true?

This would be in Oregon.

Any lawyers out there want to chime in?

Thanks in advance.

[71T Targa]

In MN, my support was written such that if she remarried it would end.

So they just lived together and didn't get married...

[71T Targa]

Also, spousal and child support are typically two different line items. With different terms.

[gassy]

In Illinois the CS continues until they're 18--the agreed upon alimony continues until she is married or until the agreed time schedule is met. Like 71T, my ex got married a month after her alimony ran out.

[TechnoViking]

I'm not sure about alimony (called "maintenance" in Colorado), but the Child Support is a fact until the kid turns 18 or 21 or whatever is in the court order.

She can re-marry into outrageous wealth, live in a mansion, drive a Ferrari, and you still need to chip in every month to take care of the child you created.

That said, my understanding is that you can have any divorce decree re-examined by the judge if circumstances change. But her getting remarried doesn't get you out of CS.

One other solution, at least in Colorado, is to have your kids more time-wise. My ex and I both make good money and we have the kids 50-50 so there is no payment.

I realize this is not possible for all, especially if she is a stay-at-home mom.

[71T Targa]

I'll add that she 'asked' for spousal support to be granted until the youngest turned 18 (2016) and got 18 months.

And the Child support continues whether she remarried or not.

[Dueller]

This is a more complex issue than you would think at first blush. For both spousal support and CS duration may be controlled by statute and/or by agreement of the parties.

CS may be a bit easier to address...some basic general principles: CS is the obligation of the non-custodial parent to support their children, doesn't matter that child may be getting actual or in-kind support from their new stepparent, state statute governs when it ends (e.g., death of child (or parent), marriage of child, emancipation of child, child enters armed forces, and age (18 in some states, 21 in others), etc. You can bind yourself longer (e.g., until child completes college or HS) but generally you can't shorten it for a condition subsequent. Another question that comes up frequently is whether you can withhold child support if mother denies visitation or vice versa...general answer is that visitation and CS are separate issues and you can't use one to enforce the other. Your remedy would be to take custodial spouse back to court for contempt.

Alimony/spousal support is also controlled partly by state stautes and partly by agreement of parties. Such support may take many forms: periodic payments, lump sum payments, permanent support, temporary support, transitional support, use of the marital domicile, property settlement, etc. Generally ends by statute with death of either party (although I have seen some where paying spouse's estate may continue to be liable), remarriage of the one receiving support, cohabitation with another person and looking to them for their support, etc. Once again, as a general rule you can extend the period of support by agreement but not shorten it by such agreements. It gets even further complicated when agreements are made for a lump sum payment to be paid periodically...if you do such an agreement it is possible that you are obligated to pay out the lump sum with monthly payments even though spouse receiving support remarries, cohabits, etc.

And to further complicate matters agreements are often struck where property settlements are set up to be paid periodically. Typically this would not be considered support payments but rather in settlement of property rights (often done for tax purposes) and such payments would not terminate with sposes remarriage, death etc.

Often people try to save money by do it yourself divorces and don't fully understand the potential consequences of their actions. You can pay me now or pay me later when it all goes off in the ditch.

[m21sniper]

Marriage. What a great idea.

[TechnoViking]

Originally Posted by m21sniper

Marriage. What a great idea.

I'm with ya. But you don't have to get married to end up paying CS. All you gotta do is knock someone up

[scottmandue]

Originally Posted by Dueller

Alimony/spousal support is also controlled partly by state statues and partly by agreement of parties. Such support may take many forms: periodic payments, lump sum payments, permanent support, temporary support, transitional support, use of the marital domicile, property settlement, etc.

PM'ed you, so your saying it is like a contractual thing?

[WolfeMacleod]

I'll be going through child support issues soon. Currently dealing with paperwork and such received from the state of Missourri.
I have never seen the child. Mother left before she was born. Doing a great job of alienating me from the child. I've gotten zero updates as to her health, welfare...nothing.
Mother also has two children from someone else, and has also alienated him from his two kids. He hasn't seen them in a couple years.
Personally, I want to seek custody... but can't afford an attourney. If the child stays withte mother, she'll be ruined.

[Dueller]

Originally Posted by 71T Targa

I'll add that she 'asked' for spousal support to be granted until the youngest turned 18 (2016) and got 18 months.

And the Child support continues whether she remarried or not.

So she got short term transitional alimony to get her on her feet and out of your hair.

You were ordered to support your child and not pass that obligation on to someone else.

Sounds pretty fair to me.

I just did some research in another state and was shocked to find remarriage of a spouse receiving support does not necessarily terminate that support. Read a case where husband attempts to terminate alimony when ex-wife remarried and court denied his request because A) husband was able to pay AND B) wife's new husband wasn't able to support her in a style she she became accustomed to when she was married to first guy.

THAT seems patently outrageous and would never fly in my state.

[71T Targa]

Jim, I'm not complaining about the CS continuing even after a remarriage.
Just pointing out that they are separate things and what is the 'rule' for one isn't the rule for the other.

[red-beard]

Originally Posted by scottmandue

I am being told that once a couple is divorced and the papers are signed if spousal and child support amounts have been agreed to they continue on... even after the women gets remarried... is that true?

This would be in Oregon.

Any lawyers out there want to chime in?

Thanks in advance.

It was true in Massachusetts. She re-married in Oct 2000 and I had to take her to court to get the payment shut off. It took me 5 months at $300/mth....And the court did not make her pay me back.

The good news, they were shut off.

[Dueller]

Originally Posted by 71T Targa

Jim, I'm not complaining about the CS continuing even after a remarriage.
Just pointing out that they are separate things and what is the 'rule' for one isn't the rule for the other.

Understood you weren't complaining...didn't take it that way. I guess my point was that some Judge's are fairly reasonable and don't cowtow to unreasonabble demands by women.

[svandamme]

can't beat an Italian divorce
pay one fee once, never pay again... Just make sure you get the right contractor for the job.. you don't want any amateurs for this

[rattlsnak]

There are a few things missing here. First, a divorce decree is a contract. A contract that CAN be rewritten if sitautions change. The decree is a 'guidebook' to fall back upon ONLY if both parties can't agree on something. If it says you get the kids every other weekend, but you want them every weekend, and she agrees, then there is nothing saying you cant have them evey weekend. If you want them every weekend and she says no, then you have to abide by what the decree says. In this case, you are responsible for CS until they are 18, OR whatever you agreed upon in the decree. BUT, if the new husband adopts the children, then you are off the hook. (they usually don't however). If she agrees that she doesnt need CS anymore, then you dont have to pay it at any time.. (good luck with that one..) If she doent agree and still wants it, then you fall back on what the decree says. Same thing with visitation, etc..