divorce attorney sue for extra money when ex spouse gets remarried

by Eriberto Johnston 3 min read

Most agreements require you to notify your ex-spouse (or your lawyer, who will notify his lawyer) about a change that affects the deal. If you don't have an agreement and you're collecting maintenance, the law probably provides that it stop on remarriage. Eventually, you would have to give back the money you kept.

Full Answer

Does an ex-wife have rights to money earned after a divorce?

Apr 30, 2019 · The paying spouse must file a motion with the court to stop payment, but the recipient spouse must reimburse any money received after cohabitation begins. (See 750 ILCS 5/510 (c).) If your state is not one of the few that allow you to stop paying when your wife moves in with her boyfriend, you may still be able to ask the court to modify or ...

Can My Ex remarry after my divorce case was settled?

Sometime after your divorce, it's not unusual for your ex-husband to remarry. It's also not uncommon for you to wonder about how his remarriage will affect your child support. Remarriage after a divorce can complicate issues. Your ex-husband may now have stepchildren to help support or may decide to have another child with his new wife.

Can my ex-husband's new wife affect my child support payments?

Not usually. The same applies to any benefit you gave up when you remarried. A second divorce does not bring your first spouse back into the picture, so be sure that you want to give up your entitlements before you tie the knot a second time. Remarriage after a divorce has the most impact on the person who was the bread-winner in the first marriage.

Can I stop paying child support if my wife remarries?

Jul 09, 2009 · Criminal Defense Attorney in Alexandria, VA. Reveal number. tel: (703) 838-5577. Call. Profile. Posted on Jul 20, 2009. If your decree of divorce makes no mention of spousal support, chances are that it has been waived forever. However, even if it had not been waived, your new wife's income could not be subject to your former wife's claim for ...

Can ex wife ask for more money after divorce?

An Income Increase for the Beneficiary There's no set answer to this question, but in most cases, the answer would be yes. If your ex's income has increased significantly and they are now able to support themselves, you may be able to ask the court to reduce or even eliminate the amount you pay in spousal support.May 25, 2020

Does having a new partner affect divorce settlement?

If you're the spouse responsible for paying alimony, your new live-in boyfriend or girlfriend probably won't affect your support obligation. While it may be tempting to flaunt a new love interest in front of your spouse, make sure you understand the potential impact this relationship can have on your divorce case.

Can I go after my ex husband's new wife for alimony in Florida?

Can I go after my ex-husband's new wife for alimony in Florida? Did you divorce his new wife? If not, then no, you can't go after a third party for your alimony. Only the person who is named in the divorce decree as owing you money can be “gone after”.

How is compensation calculated in a divorce?

For monthly payout: You can calculate it as per the monthly salary of the spouse or your salary, depending upon the scenario. Now, calculate 20% and 25% of this amount. The monthly payout sum may be somewhere between this range.Jun 5, 2021

Can my ex wife claim money from my new partner?

Since it is your house, your new partner's ex cannot make any claim against your property.Jul 21, 2013

Do I have to disclose my new partners assets?

It explains that any actual or anticipated co-habitating relationship has to be disclosed. What is more, you will also have to provide details relating to your new partner's financial circumstances, as far as they are known to you. You should expect questions about further information as well.Aug 15, 2017

Does it matter who files for divorce first in Florida?

“Since Florida is a no-fault divorce state, it does not matter which of the spouses files for divorce first,” says our experienced divorce attorney Fort Lauderdale. “When divorce papers are filed, neither party has a legal obligation to provide a cause of the dissolution of marriage.”Jun 2, 2018

How can I avoid paying alimony?

Now let's discuss How to avoid Alimony in India?If the Wife is Accused of Adultery. ... Get the Marriage Over With As Soon As Possible. ... If Wife Earns Well. ... If You Prove That They Don't Need It. ... If You Have Physical Disabilities. ... Change How You Live. ... If Your Spouse Has Started Living With New Partner.

How soon can you remarry after divorce in Florida?

If noticed that we didn't include a waiting period for remarrying after a divorce, that wasn't a mistake.In Florida, there is no such waiting period to remarry after a divorce. There is, however, a mandatory three-day waiting period after a license is issued that must pass before two people can get married.Jul 29, 2021

Can divorced wife claim maintenance?

According to the Hindu Marriage Act, 1955 and Hindu Adoption and Maintenance Act, 1956 a divorced woman has a right to claim maintenance under the Hindu Law.

What can wife claim in divorce?

For example, under the Hindu Marriage Act, 1955, both the husband and wife are legally entitled to claim permanent alimony and maintenance. However, if the couple marries under the Special Marriage Act, 1954, only the wife is entitled to claim permanent alimony and maintenance.

Can a working wife claim maintenance?

Though initially it was a misconception that a working woman is not entitled to claim maintenance since she has some substantial income and is able to maintain herself, but in view of the decision rendered by the Supreme Court in the said case it is evident that she can claim maintenance even though she is an earning ...Apr 24, 2020

What is the custodial parent?

As the custodial parent, you have physical custody for your child and are primarily responsible for your child's day-to-day care. Additionally, you may receive child support from your ex-husband, the noncustodial parent. This child support represents the share of your ex-husband's financial obligations to your child.

Can my ex husband remarry after divorce?

Sometime after your divorce, it's not unusual for your ex-husband to remarry. It's also not uncommon for you to wonder about how his remarriage will affect your child support. Remarriage after a divorce can complicate issues. Your ex-husband may now have stepchildren to help support or may decide to have another child with his new wife.

Who was Henry married to?

Henry married Eleanor two years after his divorce. Henry, a real estate broker, earned enough to live comfortably on his own while giving child support to his two children. Eleanor was a nurse. Her income plus Henry's enabled them to live in a small, two-bedroom apartment in Chicago.

Do you have to pay alimony if your ex-spouse dies?

Red Alert. When negotiating your settlement agreement, if you are the spouse who might pay alimony, consider adding a clause to the agreement stating that you no longer have to pay alimony if your ex-spouse remarries or dies – the latter event is important for tax purposes.

1 attorney answer

If your decree of divorce makes no mention of spousal support, chances are that it has been waived forever.#N#However, even if it had not been waived, your new wife's income could not be subject to your former wife's claim for alimony...

Michael E Hendrickson

If your decree of divorce makes no mention of spousal support, chances are that it has been waived forever.#N#However, even if it had not been waived, your new wife's income could not be subject to your former wife's claim for alimony...

What are some examples of extraordinary cases?

Some examples of extraordinary cases are the ex-spouse's unemployment, underemployment, or reliance on the new spouse's income. In those cases, the family law judge would request income information from the new spouse for further consideration of the child support calculation.

Can you modify child support?

Courts only modify child support if there's been a significant change in circumstances affecting one or both parents. Further, the change must be substantial and permanent. Examples of significant changes include a change in the custody arrangement, a significant increase in compensation for one parent, or one parent involuntarily losing a job.

Can my ex-husband pay child support?

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.

Does income affect child support?

Although in most cases, the new spouse's income is not used in the child support calculation, the joint income of the ex-spouse and new spouse may affect the child support calculation. For example, California's child support guidelines use after-tax income in the child support calculation.

Does California have community property?

Since California is a community property state, the parent must include one-half of the couple's community property on his or her tax return. The new spouse's income could push the ex-spouse's salary into a higher tax bracket, which could affect the after-tax income and thus the amount of child support owed.

Do you have to pay child support if you are divorced?

If you've been through a divorce or you're currently going through a divorce, you know that calculating child support is complicated and frustrating. In California, all parents must care for their children financially, whether they're married or divorced. If your ex-spouse remarries, the new spouse is not responsible for providing ...

What is marital property?

In general, marital property consists of all property acquired or earned between date of marriage and either date of separation or some other date set forth in state law. The law will usually make an exception for gift and inheritance property. The important issue in your ex's entitlement is when you earned the money in question.

Is alimony a modification?

Alimony Modification. Alimony is a harder payment to predict than child support. Amount, duration and entitlement vary widely, not only among the states, but among the family court judges in a given county.

Is money earned during marriage marital?

As a general rule, the money you earned during marriage is marital, and what you earned afterwards is separate. But your ex-wife can still get her hands on it in some cases. Advertisement.

Can my ex wife get child support?

While not directly laying claim to your post-divorce income, your ex-wife could indirectly benefit from an increase in your child support obligation.Guidelines-based systems now in effect in every state set child support based upon, among other things, the actual incomes of the parties as they exist at the time of hearing.