SPOUSAL SUPPORT MODIFICATION

[bajaron]

What is the name of your state? Nevada

I now reside in Nevada; however, this question applies of a divorce (granted ) and spousal support action done 10 years ago, in San Diego, California.

I need to again ( second time ) reduce/eliminate spousal support I am paying.

A. Long term marriage

B. I have paid alimony since 2009.

C.. I will be 72 years old this coming July.

D. I retired, on a disability, in March 2015.

Question is ... can my ex-wife's continuing to use MY social security retirement spousal support be eliminated, due to wording in the Marriage Settlement Agreement
( MSA ) .... where is says that both sides ( her or I ) have no interest in the other side's social security?

This social security retirement is my ONLY source of income. I know California says social security income can be used for spousal support calculations .... however, isn't this offset by the above language in the MSA?

If so, could her contunuing to insist on using MY social security income be considerecd contempt of court, in that she is failing to adhere to the conditions of the MSA?

If the idea above is sound, I may try to pursue a second ( and final ) attempt at spousal support modification.

 

[LdiJ]

What is the name of your state? Nevada

I now reside in Nevada; however, this question applies of a divorce (granted ) and spousal support action done 10 years ago, in San Diego, California.

I need to again ( second time ) reduce/eliminate spousal support I am paying.

A. Long term marriage

B. I have paid alimony since 2009.

C.. I will be 72 years old this coming July.

D. I retired, on a disability, in March 2015.

Question is ... can my ex-wife's continuing to use MY social security retirement spousal support be eliminated, due to wording in the Marriage Settlement Agreement
( MSA ) .... where is says that both sides ( her or I ) have no interest in the other side's social security?

This social security retirement is my ONLY source of income. I know California says social security income can be used for spousal support calculations .... however, isn't this offset by the above language in the MSA?

If so, could her contunuing to insist on using MY social security income be considerecd contempt of court, in that she is failing to adhere to the conditions of the MSA?

If the idea above is sound, I may try to pursue a second ( and final ) attempt at spousal support modification.

I am a little confused about your wording. However, what kind of income does she have?

 

[Zigner]

Do you believe that the amount of social security you are receiving is less because she is collecting?

 

[bajaron]

Hello and thanks for the reply... my wife does not receive any income. My ex has other sources of income and also the alimony I pay her. My social security I receive is my monthly social security. AFTER receiving the monthly social security, I pay the alimony to my ex-wife. The question is that in the MSA, there is a paragraph that says that neither side has given up any interest in the other side's social security. I read this to mean that she cannot claim any part of my social security, even for spousal support calculations, since she has given up any interest in my social security.

 

[Zigner]

Hello and thanks for the reply... my wife does not receive any income. My ex has other sources of income and also the alimony I pay her. My social security I receive is my monthly social security. AFTER receiving the monthly social security, I pay the alimony to my ex-wife. The question is that in the MSA, there is a paragraph that says that neither side has given up any interest in the other side's social security. I read this to mean that she cannot claim any part of my social security, even for spousal support calculations, since she has given up any interest in my social security.

That is more clear.
No, that clause does not mean you can reduce or stop paying alimony.