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When Changes in Life Circumstances Affect What You Receive or What You Pay |
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We all know that life is a roller coaster. If there's any evidence of this hard and fast rule, it's your divorce itself. One moment you're flying high, on top of the world; the next your world has been shattered to a thousand bits. It takes just a second for someone to be killed in a car or plane crash or to die of heart attack or stroke. Economies can crumble; companies can fold; real estate values can soar or plummet based on world events or the fates. You know the old truism: Nothing is certain save for death and taxes. You can count on it. |
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This is one reason why it may be best for you to see a judge when negotiating support. In general, if a judge decides your case, you will have an easier time changing a support award than if you and your spouse sign off on the payment in a separate agreement. |
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Why is that? When you sign an agreement, judges assume that you thought of all the possible things that may happen in the future and that you accounted for them in the agreement. For example, if you were to pay support at the rate of $300 a week for five years, the agreement could have provided that if you lost your job, you would no longer have to make payments. If you didn't provide for that and you do lose your job, you can ask a judge to allow you to stop making the payments; but the judge may point out that you had your chance to include that in the agreement and now it's just too late. |
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When a judge decides your case after a trial, on the other hand, he or she does not account for future possibilities. The decision is based solely upon what the judge has heard in court. Therefore, if you or your spouse lose a job some years down the road, you'll have an easier time convincing the judge to make a change than if you had signed an agreement. |
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Bottom line? Make sure that you account for all possibilities when you sign an agreement, and always consult with an attorney. |
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The Least You Need to Know |
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Spousal support is based on a number of factors, whereas child support is usually based on a percentage of your income, the children's needs, or a combination of the two. |
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Spousal support is usually included in the receiving spouse's income and tax deductible from the paying spouse's income. |
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Figure out what you really want before you start negotiating. |
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