My ex wants to re-assess child/spousal support I pay to her because she chose to live in a foreign country and the dollar has become weak against the EURO. We were divorced in the state of WA.
I earn my money in dollars and have changed my lifestyle considerably in order to be able to send her the $4300 per month that has been the fixed amount for the last 3 years.
My problem is that in the re-assessment, my ex wants to fix my payments so that she receives always the same sum of money in EUROs and the dollar amount is variable for me. On my shoestring budget I can not accept this risk (of absorbing the currency fluctuation rate). It is hard enough just making the payments when they are in the fixed dollar amount.
Is there any precedence or advice here I can use to argue against this before we head to a nasty legal battle?
Thanks
First, separate child support and spousal maintenance. They are totally separate although orders get entered in lump sums. Again, first, separate them. they serve very different purposes.
Before i can answer this i have to know the respective amounts.
a) child support is never set as high as $4300. unless you agree to it. you as a parent have a right to not spoil your child and it is for the child not the living standard of the ex spouse.
b) as to maintenance fluctuating based on the dollar this is going to be a very discretionary case because any person who recieves that much money for doing nothing is no longer living in a middle class world and i think the judges should devote more time to persons and cases need it the most.
Re file for custody. Based on you can support the children with a lesser degree of support. (verify if she is remarried where the step father is also required to support) She is authorized to get a job, where she can support herself. (You can support the children in the same manner as they are being supported currently. (you can also ask for a breakdown of the money and where it is dispersed). If she is living in Europe. They get money from their own government for children and she probably is getting this and has not let you know. She also is probably living with someone and he is not supplying a substantial amount to the living arrangements. I think I would find a good, lawyer, take a good look at the situation. She should not be able to reassess based on living in another country and wanting more money. You make your money in $ and that is how the courts in your country looked at. Also, you can address, that college is free in another country if live in that country so money is not being put away for college.
Sounds like she got 1/2 your retirement, and child support. I would state that your belief is that she chose to go back to another country and if it cost more to raise the children there then you need to have custody and raise them in the United States and she should pay support.
VJK
Seattle Divorce Lawyer - Site Owner, Washington Divorce Laws, Procedure, Forms, Court Papers & More)