CS and Alimony Modification

[iliveoutloud4me]

Socrateaser:

     My husband's divorce decree lumps alimony into the property settlement. They both agreed alimony would last for X years and neither would ask to modify it. It is listed under "Spousal Support," but says "...the parties further agree that this amount constitutes not only spousal support, but is also in the nature of a property settlement."
     
     His child support order says he is to pay X per month as child support until each child attains the age of 18 years. He has three children.
     His ex wife has never  worked and no income was imputed. She had more than 600 K invested then and has since inherited a large (millions) amount. Plus she has a post doctoral degree.

     His divorce was in South Dakota. I don't think he had a good lawyer.

1.) Is there any reason to hope that his alimony can be reduced or eliminated?

2) With the way it is written, will his child support go down when each child reaches 18? Or not until the last child reaches 18?

3) Is there hope for asking for his child support to be modified, or will it go up because the overall family income went up (with her inheritance) last year?

[socrateaser]

>1.) Is there any reason to hope that his alimony can be
>reduced or eliminated?

No, it was stipulated to, so you're stuck with the payment.

>
>2) With the way it is written, will his child support go down
>when each child reaches 18? Or not until the last child
>reaches 18?

Child support is subject to the State guidelines, and can be modified at any time. It's a totally separate issue from alimony

>
>3) Is there hope for asking for his child support to be
>modified, or will it go up because the overall family income
>went up (with her inheritance) last year?

I don't know. I'd need to know all of each parties' financial circumstances, and how much custody each parent exercises.

[iliveoutloud4me]

>>1.) Is there any reason to hope that his alimony can be
>>reduced or eliminated?
>
>No, it was stipulated to, so you're stuck with the payment.
>
>>
>>2) With the way it is written, will his child support go
>down
>>when each child reaches 18? Or not until the last child
>>reaches 18?
>
>Child support is subject to the State guidelines, and can be
>modified at any time. It's a totally separate issue from
>alimony
>
>>
>>3) Is there hope for asking for his child support to be
>>modified, or will it go up because the overall family income
>>went up (with her inheritance) last year?
>
>I don't know. I'd need to know all of each parties' financial
>circumstances, and how much custody each parent exercises.


Dear Socrateaser:

Okay, so there can be no alimony modification. I thought as much, but I really wanted your opinion anyway.
     As far as the financial situation, there isn't any. By that I mean there was no imputed income on the part of the obligee at the time of the divorce. This is in spite of the fact she made as much as my husband (her ex) in interest income alone--and this was before she inherited a few million--and she has a Ph.D but doesn't work. They just threw some numbers together and came up with what my husband pays. Even the alimony isn't counted as income.
     We are going to ask for modification based on the inheritance she received last year as a substantial change. Plus, the oldest turns 18 in May.

1) Even though there would be no point, does it hurt to ask for alimony modification, even though we know it's not possible? After all,  the judge doesn't know that we know. I thought if we asked for that first, he might be more sympathetic when we ask for the CS mod second, especially since she is rich and we've had to refinance our house.
2) When we ask for the CS modification, can we bring up the fact that there was no income imputed at the time of the divorce decree ( there was no trial)?
3)Are we being naive in hoping for a downward modification?

Thanks Soc!
>

[socrateaser]

>>>1.) Is there any reason to hope that his alimony can be
>>>reduced or eliminated?
>>
>>No, it was stipulated to, so you're stuck with the payment.
>>
>>>
>>>2) With the way it is written, will his child support go
>>down
>>>when each child reaches 18? Or not until the last child
>>>reaches 18?
>>
>>Child support is subject to the State guidelines, and can be
>>modified at any time. It's a totally separate issue from
>>alimony
>>
>>>
>>>3) Is there hope for asking for his child support to be
>>>modified, or will it go up because the overall family
>income
>>>went up (with her inheritance) last year?
>>
>>I don't know. I'd need to know all of each parties'
>financial
>>circumstances, and how much custody each parent exercises.
>
>
>Dear Socrateaser:
>
>Okay, so there can be no alimony modification. I thought as
>much, but I really wanted your opinion anyway.
>     As far as the financial situation, there isn't any. By
>that I mean there was no imputed income on the part of the
>obligee at the time of the divorce. This is in spite of the
>fact she made as much as my husband (her ex) in interest
>income alone--and this was before she inherited a few
>million--and she has a Ph.D but doesn't work. They just threw
>some numbers together and came up with what my husband pays.
>Even the alimony isn't counted as income.
>     We are going to ask for modification based on the
>inheritance she received last year as a substantial change.
>Plus, the oldest turns 18 in May.
>
>1) Even though there would be no point, does it hurt to ask
>for alimony modification, even though we know it's not
>possible? After all,  the judge doesn't know that we know. I
>thought if we asked for that first, he might be more
>sympathetic when we ask for the CS mod second, especially
>since she is rich and we've had to refinance our house.

It really depends on the exact text of the existing alimony judgment. There may be an escape available to the court, due to the other party's windfall.

>2) When we ask for the CS modification, can we bring up the
>fact that there was no income imputed at the time of the
>divorce decree ( there was no trial)?

CS is always modifiable on the basis of new facts. If the CP has substantial income and assets, and you live in a jurisdiction that considers the CP's income in the calculation of guideline support, then you could get a downward mod. Theoretically, the court can order no CS if it finds that CS would be "unjust or inappropriate" under the circumstances.

I wouldn't bet the farm on this, but it is legally possible.

>3)Are we being naive in hoping for a downward modification?

Smiling...I don't read tea leaves. Sorry.

[iliveoutloud4me]

What! No tea leave reading? That has to be wrong. You are awesome.
Seriously, thank you Soc. You ARE the greatest.