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Jeffrey L Hoffer, 805 Divorce and Family Law Attorney

805-449-4290

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If My Ex Spouse's New Mate is Wealthy, Can I Get My Support Obligation Cut? Read Here!

This is a question that many men ask me.  Many of them are thrilled that their ex wives married a rich guy and now want to eliminate or reduce their support obligations.   Can it be done successfully?

Yes and No.

When it comes to Spousal Support, if your ex spouse is married to or living with another person, then that obligation can be reduced or eliminated.  In the vast majority of cases, spousal support will be reduced to zero if your ex spouse remarries.  The only situation where this would not happen is where there is a stipulated judgment that spousal support is non modifiable, even in the event of remarriage.  In my 21 years of practice, I have only seen this situation once.

If your ex spouse is cohabiting with another person, then the law presumes that he/she has a reduced need for spousal support.  He/she can rebut the presumption with other evidence and can demonstrate that the need is not reduced.

With child support, however, things are different.  As a parent, you have an obligation to support your child.  Your ex's new mate does not.  So, even if your ex wife marries a multi millionaire, your support may actually go up.  Here's why-

Your ex wife and her millionaire new spouse will most likely sign joint tax returns.  Doing so will kick her up into a higher tax bracket thereby reducing the amount of money on her side available for support.   You will then have to make up that deficit.  I know that seems unfair and it probably is.

So, my best advice to you is if your ex spouse remarries, by all means go to Court and eliminate your spousal support obligation; however, when it comes to child support, you should leave well enough alone.

Jeffrey Hoffer

I am a Divorce and Family Law Attorney located in Westlake Village, CA. I have been in practice since 1993. In 2008, I was named one of the Top Ten Most Dependable Family Law Attorneys on the West Coast by GoldLine Research and published in Forbes Magazine.

Comments

Angela Quintero

Posted Jun 25, 2015 at 08:13:34

I agree with you Jeffrey! This happens time and time again. It’s grossly unfair to the payor parent, but it’s the law as it is currently written, unfortunately. Great article!

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