variation of $1 nominal spousal maintenance

kkkkk1 · #1 21-08-2019, 09:09 PM

any bros here have experience defending against ex-wives who try to increase their $1 nominal spousal maintenance ? If yes, appreciate if you can share (a) what reason/ground did she use ?
(b) did she succeed ? If yes, increase to how much ? Is it a permanent increase or temporary ?
(c) did you fight her on your own or hire a lawyer ?
(d) any advice for ex-husband defending against it ?
(e) any advice for ex-husband on how to prepare to defend it even before she makes an application ? Like maybe keeping receipts of our expenses so that our expense list will be more credible to the Court ?
Thank you

iluvbreast · #2 23-08-2019, 06:11 PM

My humble suggestion is to check with your lawyer fast, without knowing the details of your case it is not possible to comment on anything.

Many reasons was given by women in court when they ask for the $1. That laid the foundation she will use to increase now....

HonkyTonkyMan · #3 31-08-2019, 12:25 PM

it hard to fight a variation order if based originally on $1....if there is strong mitigating factor on the ex front especially changing circumstances, lost job, sick etc.

kkkkk1 · #4 23-03-2021, 01:27 AM

Here it comes...Ex-wife said she lost job, hinted to me that she will be applying to vary the $1 upwards. The $1 i did not give her voluntarily, during divorce time, i was in very weak bargaining position, children very young, basically gave her almost everything she wanted, she said if i don't, she will make it very difficult/impossible for me to access the children. After the divorce, to pay her the amount of children maintenance that she demanded, basically every month i need to take from my savings, because the total expenses (children expenses, my expenses, allowance for my parents etc) are more than my income. Under such circumstances, will the Court grant her the increase ? Will the Court ask me to take further from my savings to give it to her ? I know she has a few hundred thousands of savings, even if she lost her job, she can survive on her savings for many years, but i think she will hide her savings during the application. If she hide her savings and insist she needs assistance, i hope the Court will consider my cash flow situation and ask her to get assistance from MSF instead, is my hope wishful thinking ?

HonkyTonkyMan · #5 23-03-2021, 06:32 PM

Quote:

Originally Posted by kkkkk1

Here it comes...Ex-wife said she lost job, hinted to me that she will be applying to vary the $1 upwards. The $1 i did not give her voluntarily, during divorce time, i was in very weak bargaining position, children very young, basically gave her almost everything she wanted, she said if i don't, she will make it very difficult/impossible for me to access the children. After the divorce, to pay her the amount of children maintenance that she demanded, basically every month i need to take from my savings, because the total expenses (children expenses, my expenses, allowance for my parents etc) are more than my income. Under such circumstances, will the Court grant her the increase ? Will the Court ask me to take further from my savings to give it to her ? I know she has a few hundred thousands of savings, even if she lost her job, she can survive on her savings for many years, but i think she will hide her savings during the application. If she hide her savings and insist she needs assistance, i hope the Court will consider my cash flow situation and ask her to get assistance from MSF instead, is my hope wishful thinking ?

bro it best to have documented proof of your earnings and expenses and also try to put in your affidavit that she has hundred of thousand in savings and should be able to depend on this to tie her over...if she deny then ask court to get her print out monthly statements from bank..that what my ex did to me when i deny her claims of the money in my bank..

asewong · #6 23-03-2021, 07:57 PM

Quote:

Originally Posted by kkkkk1

Here it comes...Ex-wife said she lost job, hinted to me that she will be applying to vary the $1 upwards. The $1 i did not give her voluntarily, during divorce time, i was in very weak bargaining position, children very young, basically gave her almost everything she wanted, she said if i don't, she will make it very difficult/impossible for me to access the children. After the divorce, to pay her the amount of children maintenance that she demanded, basically every month i need to take from my savings, because the total expenses (children expenses, my expenses, allowance for my parents etc) are more than my income. Under such circumstances, will the Court grant her the increase ? Will the Court ask me to take further from my savings to give it to her ? I know she has a few hundred thousands of savings, even if she lost her job, she can survive on her savings for many years, but i think she will hide her savings during the application. If she hide her savings and insist she needs assistance, i hope the Court will consider my cash flow situation and ask her to get assistance from MSF instead, is my hope wishful thinking ?

The court most likely will side her

kkkkk1 · #7 25-03-2021, 12:58 AM

Thanks All for the advice, appreciate it.

Replies to questions by funboi :
- So far, my children maintenance payment has been 100% on time. Does this has any influence on whether my ex-wife would be successful in varying her $1 nominal maintenance upwards ?
- No, i don't have plan to use her current unemployment to get 'care and control' of the children.
- Regarding the 'grab walker' suggestion, i also have similar thought. If this goes to Court, i will suggest to Court that she become food delivery personnel temporarily to support herself. A lot of retrenched people also temporarily be food delivery personnel to support themselves. I have seen handicapped people in those motor wheelchair working as food delivery personnel to support themselves and their family. In this age we have the 'gig economy', if you willing to work, you can get some income, although may be low income, but should be enough to support basic/modest lifestyle, no more excuse to say 'cannot find a job, so no money'.

A few more questions, Everyone, feel free to give your input :
- In future, after my children become working adults, i plan to apply to Court to remove my ex-wife's $1 nominal maintenance. If she needs money then, she can get from the children. Will i be successful ? Are there any legal precedents ? This $1 feels like a cloud over my head, difficult to move on peacefully
- Last time one lawyer told me this $1 nominal maintenance is difficult for ex-wife to vary upwards successfully, the requirement is very high. Normally only if ex-wife becomes incapacitated/unemployable then only can be successful. If lost job, normally the Court will ask her to find another job. Because Court also expect ex-wife to work to support herself. But another lawyer told me differently. What are your experiences ?

iluvbreast · #8 29-03-2021, 11:10 AM

Quote:

Originally Posted by kkkkk1

Here it comes...Ex-wife said she lost job, hinted to me that she will be applying to vary the $1 upwards. The $1 i did not give her voluntarily, during divorce time, i was in very weak bargaining position, children very young, basically gave her almost everything she wanted, she......If she hide her savings and insist she needs assistance, i hope the Court will consider my cash flow situation and ask her to get assistance from MSF instead, is my hope wishful thinking ?

When you said you did not voluntarily gave her the $1 maintenance...you still agreed to maintain her...Now having said that, for any revision of court order, the judge will look at the circumstances during which the order was made.

What it means was that, was your wife working then? Was she working throughout your marriage? How long was your marriage? Under what circumstances is she applying to revise the court order?

For instance, if your wife was a housewife during your marriage, she has problems finding jobs to survive after your divorce, especially because your children are with her most of the time. Then it will be easier for her.

Similarly, if your wife was a career woman, and you have the children on most days (meaning you are the primary caregiver). Then her chances will be much lesser.

The above are extremely simplified examples, like I said before, there are too many details that need to be look at.

I will still say, get a lawyer to protect your interest. The good ones will help you settle fast, because they want to close your case and move on. Why? simply because they are sought after. No time to hog your case unless you are of HNW.

iluvbreast · #9 29-03-2021, 11:17 AM

Quote:

Originally Posted by kkkkk1

Thanks All for the advice, appreciate it.....

A few more questions, Everyone, feel free to give your input :
- In future, after my children become working adults, i plan to apply to Court to remove my ex-wife's $1 nominal maintenance. If she needs money then, she can get from the children. Will i be successful ? Are there any legal precedents ? This $1 feels like a cloud over my head, difficult to move on peacefully...

This again will look at the circumstances during which the order was made (as well as the circumstances under which you are applying to remove)...

At the end of the day, I still believe what my lawyer told me, that nobody is to profit from divorcing. The law recognize the fact that there are gold diggers (both male and female) so everything has to be reasonable.