What is considered a change in circumstances?
What is considered a change in circumstances?
Thus, the requesting party must show that a change is justified. Common “substantial changes in circumstances” may include: a loss or gain of employment, a sudden change in either party’s finances, a relocation of the parties or children, a death, a change in the child’s wishes, etc.
Can my ex go after my new spouse’s income?
If your ex-spouse remarries, the new spouse is not responsible for providing for your children financially, in most cases. In certain situations, however, the new spouse’s income may become part of community property shared with your ex-spouse and be considered in the child support calculation.
Can alimony be increased after divorce?
The procedure for seeking an increase in spousal support is to file a Request for Order with the same court that handled your divorce. With the request, you will need to provide proof of your material change of circumstances. Both sides may then request financial disclosures from the other side.
Is alimony based on current income?
The amount set for spousal support is a flat amount that the court determined would enable your ex to continue living comfortably without living in your household any longer. It is not based on a percentage of your current income, and so it should not go up simply because you’re making more money.
Can I get more alimony if my ex husband remarried?
No. Alimony doesn’t end when the supported spouse remarries. The paying spouse must ask the court to modify or terminate alimony and show a substantial change in circumstances that was not considered for the original award.
Can a divorced woman draw on her ex husband’s Social Security?
Key Takeaways. A divorced spouse may be eligible to collect Social Security benefits based on the former spouse’s work record. If the requirements are met, the divorced spouse can receive an amount equal to as much as 50% of their ex’s benefits.
What happens if ex husband violates divorce decree?
The ex-spouse who violates the terms of the divorce decree without approaching the court for modification is in contempt of the court (which means the individual is guilty of disobedience to the courts). The court that issued the decree has the power to enforce all aspects of the divorce decree.
Can I sue ex husband after divorce?
In general, yes you can sue. Whether you will be successful or the judge will toss your case out of court is a different question altogether. You may also be required to pay for your ex’s lawyer for filing a frivolous lawsuit. A lawyer can help decide whether you have a legitimate case or not.
Can you sue your ex husband for emotional distress?
If you are a victim of the intentional or negligent actions of a spouse who causes emotional distress to you, it is possible to get divorced and recover damages. The two kinds of emotional distress lawsuits are intentional infliction and negligent infliction of emotional distress. …
Can I sue my ex husband for PTSD?
Can I sue for PTSD? You can sue for PTSD as the basis for an emotional distress claim in a personal injury lawsuit.
Can you sue someone for causing a divorce?
No one wins in an adulterous relationship—least of all is the jilted spouse—but luckily, there is legal recourse for some situations: You can sue someone for breaking up a marriage. You may file a suit charging the other man or the other woman with intentionally interfering in your marital relationship.
What happens if my ex husband dies?
If your ex-spouse has died, you may collect Social Security survivors benefits, which follow different rules than those for a living ex-spouse. You can apply for benefits as early as age 60. And if you remarry after you reach age 60 (or age 50 if you are disabled), you will still be eligible for survivors benefits.
Can divorced spouse collect pension?
A pension earned during marriage is generally considered to be a joint asset of both spouses. Most retirement plans will pay pension benefits directly to divorced spouses if the domestic relations order meets certain requirements.
