Dorothy
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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
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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
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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
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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
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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
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Reged: 05/25/08
Posts: 24
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Thank you. I will seek counsel.
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theanswerguy
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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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Dorothy
New
Reged: 05/25/08
Posts: 24
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AnswerGuy,
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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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2267
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answerguy.
is ss ever set up to be nonmodifiable?
>>>>>>>>> Yes , via agreement .
or is that unreasonalbe because, in reality,
financial circumstances DO change?
>>>>>>>> Unreasonable or not , it can be done . Under dire enough circumstances even nonmodifiable alimony can be modified .
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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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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2267
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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.
>>>>>>>>> A signed letter won't matter , is this offer part of the divorce decree ?
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?
>>>>>>>>> There are no set guidelines . It would depend on the nature of the debt , excessive medical bills may be cause for a mod whereas needless debt for non-essentails wouldn't . Modification or termination could also be called for if your income/assets have increased significantly since the divorce . Good luck .
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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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Jada
Platinum
Reged: 06/02/07
Posts: 3463
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[quote]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? [/quote]
If his taking on the IRS debt was in the divorce decree, you can go after him to reimburse you for having to pay it. Bankrupcy does not release you from your financial obligations to an ex-spouse.
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Dorothy
New
Reged: 05/25/08
Posts: 24
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Yes, it was included in our divorce. He then filed BK, and they came after me. Its the principle for me. For 26 + years my world was he and my children. My vows were honored by me, and I believed he felt the same way, so I decided I didn't need to further my education either. Silly of me, but I was looking through rose colored glasses! Through the divorce, I wasn't looking to squeeze every penny I could from him, I just wanted what was fair. And all I did walk away from that was a small amount of SS for the rest of my life, or until I die... Looks like he may betray me yet again...
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Jada
Platinum
Reged: 06/02/07
Posts: 3463
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[quote]Yes, it was included in our divorce. He then filed BK, and they came after me. Its the principle for me. For 26 + years my world was he and my children. My vows were honored by me, and I believed he felt the same way, so I decided I didn't need to further my education either. Silly of me, but I was looking through rose colored glasses! Through the divorce, I wasn't looking to squeeze every penny I could from him, I just wanted what was fair. And all I did walk away from that was a small amount of SS for the rest of my life, or until I die... Looks like he may betray me yet again... [/quote]
Since it was included in the divorce, you can go after him for what you ended up paying the IRS. I would file a countermotion requesting that his motion for termination of spousal support be dismissed (he agreed to lifetime or remarriage) and that he fulfill his legal obligation of taking on the IRS debt by reimbursing you.
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