The Termination of Support Orders
Introduction
The termination of ongoing support orders can be a complex and challenging process, especially for payor spouses. Most court orders or agreements for child support have a standard termination clause, but spousal support orders rarely do. In this blog post, we'll explore three crucial factors payor spouses should consider when they seek to terminate support through the courts.
Income Changes and Retirement
The first factor to consider involves changes in the payor spouse’s income. If the original support order indicates the payor spouse’s income, a change, especially upon retirement, can be sufficient to justify termination. However, if the change is voluntary, such as early retirement, it may not be enough to terminate support. It's also worth noting that if the payor spouse has a poor record of making timely payments, obtaining a favorable order can be more challenging.
Cohabitation and Lifestyle Changes
Cohabitation with a new partner will not generally lead to the termination of a support obligation, unless it results in a material change in lifestyle. In other words, simply starting a new relationship will not automatically release a payor spouse from their responsibilities. The courts typically require a tangible and significant change in circumstances to consider terminating support.
Self-Sufficiency of the Recipient Spouse
Finally, the courts will consider the strides a recipient spouse has made towards self-sufficiency. If the recipient spouse was expected to but has not taken steps to become self-sufficient, this might be redressed by a reduction or termination of support. However, courts are generally reluctant to cut off support as punishment for a recipient spouse who is making an effort to become self-sufficient.
Conclusion
Navigating the termination of support orders can be a daunting task for payor spouses. Understanding these three factors - changes in income and retirement, cohabitation and lifestyle changes, and the self-sufficiency of the recipient spouse - can provide a foundation for making informed decisions. It's always advisable to seek legal counsel when considering these complex matters to ensure that you're taking the right steps, at the right time.
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