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4 posts

Spousal Support

My soon to be ex-wife was awarded spousal maintenance the first time we went to court in November 2007. The problem is that she has a gambling habit and this was brought up in court with proof the first time but she was still awarded spousal support. I can really use the money I'm paying her to support our child since money is really tight. We have joint custody which means every other full week we have our son. I turned down child support since she makes about 50 % less then I do in inputed salary. Last month I accidently opened her bank statement (which was sent to my address) thinking it was our joint account at the same bank she banks at, that (joint account) was closed earlier that week and discovered that she has been going to the casinos and withdrawing money out of their ATMs then I pay her in support. The problem is that I recently lost my bid in court to have the spousal support either eliminated or reduced based on her gambling habit. Reading between the lines the judge, after both sides presented their verbal arguments, went directly to the bank statement and was very displeased how it was presented to the court. It sounded to me that he considered this, although he didn't say it, as an illegal seizure of evidence. Any suggestion(s) on going back to court to have the spousal support eliminated or reduced? And would her gambling be considered a substantial change since it would appear she is indicating she has more then enough money to work with and not using the money per what the RCW intended it for?

1/14/2008 2:43:23 PM

admin

84 posts

First of all, it is hard to know exactly what factor tipped the scales against you in the judge's mind. have you thought of waiting for the modification rules on child support and going for it that way......wait a moment I have to do sth. ..to be continued.

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1/14/2008 4:06:11 PM

4 posts

Thats hard to tell, I agree. However the respondent didn't deny she went to the casino in her response and that she pulled out more then I paid her in support. In fact she was bold enough to admit she went while she had visitation of our son. The fact of the matter is that her attorney kept using the word discretionary in the verbal arguments and how dare the petitioner (referring to me) determine where she should spend her discretionary income. Now forgive me but I'm not an English major but I do have a finance degree and have worked finance for 15 years. Discretionary, if I remember correctly, is what one determines to be excess money. My understanding of the RCW and spousal support is it is intended to be for day to day living expenses and to help better oneself (i.e. going to school or getting some form of training). She lives with her parents and she admits she doesn't pay any rent. By saying discretionary and my understandinig of the word, she is admitting to having more then enough money. No sane person with some financial sense would spend money they don't have, especially to go gambling with especially when they are claiming they don't have any.

I'm not sure where you are going to on the child support modification. Currently neither of us are paying child support. Can you further explain where you are going to when you continue your answer on the child support issue?

1/16/2008 10:51:25 AM

cb6234

2 posts

Well I have been paying child support to my ex for 5 years and this is a substantial amount of money and what I am seeing is that there is no accountability. My ex has been going on vacation every year since 2002 and here I am wondering how to get to the next paycheck…..How is this justifiable?? The recipient of monies whether it be child support or spousal maintenance has NO ACCOUNTABLITY as to how he/she spends it......The laws in this state do not have this..... My understanding is that for spousal maintenance there are previsions on what the money is supposed to be spent on…..If they are not then how can a judge even not look at that…doesn’t make sense to me at all….for parents paying don't you feel you should know where the money is being spent??

1/16/2008 12:11:43 PM

4 posts

One key bit of information that maybe of help is this is temporary spousal maintenance at this point.

1/17/2008 10:03:41 PM

admin

84 posts

....."one key bit of info is that TEMPORARY spousal support".... that is more than a little helpful. if her income is less than yours, 50/50 on custody/overnights, and you pay no support it is not surprising they kept maintenance where it is.

you said you "turned down child support"???? shouldn't the income difference mean she gets it?

If you were trying to change a temporary order of maintenance the Judge may have believed that you have more than ample chance either through settlement before trial, and of course at trial if the other side is not being reasonable! Getting maintenance stopped b/c you found some statements mid-litigation in a divorce, and trying to bring in controversial factualy issues on a calendar that is mainly based on declarations was not the best idea. I don't know all the facts so don't quote me on this to your present attorney...I just don't know all the facts.

but you have a chance at trial and at trial you can spend 4-7 days entirely in court and rehash everything, those motions hearings are not meant to be trials.

ACCOUNTING FOR MAINTENANCE/CHILD SUPPORT:

--there is absolutely no requirement that she account for what she uses spousal maintenance for, (actually I have not had it come up...do you have a case cite? if so please email it to me as soon as possible !!!!!!)

--under limited circumstances a residential parent can be asked to account for child support monies, but this is another one where I have not had to force the issue. I hate to say how it will play out when i have not actually argued it in Court, and had a judge rule. the sad fact is there are provision of RCW26.50 that are totally illegal, and commissioners rarely if ever even include them in orders - did you know that at one point that CIVIL statute, which I have watched play out during 30 minute "mini" cross examination sessions (and guess what folks: some of the commissioners are not allowing even that amount of live testimony in defense anymore), PURPORTED to have the authority to order electronic home confinement based the most flimsly slap dash orders and in court UNCROSSEXAMINED testimony by a psycho spouse? Never ever saw that enforced but the legislature has it's way with the law from time to time, and no one is around to save her dignity. ....thus olympia gives birth yet again to joke laws that end up victimizing too many people.

1/17/2008 11:19:02 PM

4 posts