Dorothy
New
Reged: 05/25/08
Posts: 24
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Hi! Have been served with SS termination papers. Was married 27 years, receiving SS for 11 years. Awarded SS until I remarry, or die. Can anyone shed some light as to how the courts will consider this? I live in Calif.
Edited by Dorothy (05/25/08 06:13 PM)
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Jada
Platinum
Reged: 06/02/07
Posts: 3463
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It's an attempt of your ex to get out of paying alimony. What do the papers say your ex is claiming as the grounds for termination? That will tell you how you fight the termination.
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Dorothy
New
Reged: 05/25/08
Posts: 24
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He is claiming extensive Medical Bills, and considering bankruptcy. Also I am co-habitating with a boyfriend, which is false.
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Jada
Platinum
Reged: 06/02/07
Posts: 3463
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[quote]He is claiming extensive Medical Bills, and considering bankruptcy. Also I am co-habitating with a boyfriend, which is false. [/quote]
The bankrupcy isn't going to end the spousal support and chances are neither are the medical bills. The bankrupcy will take care of that.
I would consult with a lawyer if I were you.
As for the co-habitating with a boyfriend, he's actually going to have to prove that. The court's not just going to take his word for it.
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Dorothy
New
Reged: 05/25/08
Posts: 24
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Thank you Jada. Greatly appreciate the advice. Does the court consider my current income? He makes more than I do. Also, when we divorced it was done through a Mediator. I waived claim on his Medicare benefits. Can I reassess that?
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Jada
Platinum
Reged: 06/02/07
Posts: 3463
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[quote]Thank you Jada. Greatly appreciate the advice. Does the court consider my current income? He makes more than I do. Also, when we divorced it was done through a Mediator. I waived claim on his Medicare benefits. Can I reassess that? [/quote]
That is a question for an attorney.
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Dorothy
New
Reged: 05/25/08
Posts: 24
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Thank you. I will seek counsel.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2267
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I'll disagree , you weren't awarded alimony , it was agreed to to in mediation , as such , unless it was agreed to be nonmodifiable , it is subject to modification or termination . Any financial misfortune suffered by him can affect his ability to pay . Furthermore , in an original or modification proceeding, where there are no
children, and a party has or acquires a separate estate, including income from employment, sufficient for the party's proper support, no support shall be ordered or continued against the other party. It's still up to a judge to decide whether the request will be granted .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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taryn
Platinum
Reged: 05/31/07
Posts: 2460
Loc: standing on the mountaintop! :...
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[quote, it was agreed to to in mediation , as such , unless it was agreed to be nonmodifiable , it is subject to modification or termination . Any financial misfortune suffered by him can affect his ability to pay . Furthermore , in an original or modification proceeding, where there are no
children, and a party has or acquires a separate estate, including income from employment, sufficient for the party's proper support, no support shall be ordered or continued against the other party. It's still up to a judge to decide whether the request will be granted . [/quote]
wow.
answerguy.
is ss ever set up to be nonmodifiable?
or is that unreasonalbe because, in reality,
financial circumstances DO change?
(not in MY case where my stbx is surely tanking his business and Hiding a nice % income he is making.)
in my case it would be best if it were set in stone (so to speak) as i didnt realize it could be changed.
wow. will the worrying here never end?
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taryn.
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Dorothy
New
Reged: 05/25/08
Posts: 24
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Hi Taryn,
My ex took full responsibility for our IRS debt when we divorced. I still have a signed letter from him stating this. He then filed for BK and of course the IRS came after me. He has since married, and has incurred more debt and now wants to terminate the SS. He is employed, making more money than he did at the time of our divorce. What guidelines does the Judge use to determine, termination of SS if my ex is still employed, but has accrued more debt with his new wife? And is again considering another BK?
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