Hi - I just got a letter from a lawyer saying my ex is trying to terminate my monthly family support. He is supposed to stop paying child support next month since our daughter is 18 and has graduated high school. In addition to child support I have been getting “family support” since our divorce and he is supposed to do so until he or I die or I get remarried. The basis they are using for the termnination is as follows:
Since the entry of the orders there have been material and substansial changes in the circumstances of both parties sufficient to justify a modification of the court’s prior orders, including, but not limited to the following:
- that the parties’ minor child has reached the age of 18 and has graduated from high school
- that the “support for family” provision of the parties’ separation agreement specifies that said payments are not to be considered alimony. That with the emancipation of the parties’ child no intact family exists for which any financial obligation should continue, as all financial contributions would be soley for the benefit of the plaintiff.
- that since the support for family was specifically not to be considered alimony the payments should not continue for the benefit of the plaintiff alone, as would be the case if the payments were alimony.
- that the continuation of support for family paymens for the sole benefit of plaintiff is, under the circumstances of the parties inequitable and unconscionable.
Wherefore the defendant prays the court:
- that this verified motion be accepted as an affidavit in support thereof.
- that the court terminate defendant’s child support obligation to plaintiff
- that the court terminate defendant’s suport for family payments to plaintiff
- that defendant have such other and further relief as the court may deem just, fit, and proper.
Can he do this to me?? Our daughter is beginning college in the fall. He has to pay half of her college expenses. She will be living at home and not on campus. Since our divorce he has remarried and his salary for his job has more that tripled. He also has substancial savings and investments. I on the otherhand, have not gotten but a slight salary increase and I am in no way able to exist without the money I get from him each month. Over the years of our divorce I have amended our agreement several times to his advantage.
Please let me know if you think he can do this to me?