NEW TRENDS IN SPOUSAL SUPPORT

DO I STILL HAVE TO PAY SPOUSAL SUPPORT ALTHOUGH MY CHILDREN HAVE GRADUATED FROM HIGH SCHOOL?

Generally in a divorce case, the higher bread winner will be required to pay the other spouse, "Spousal Support" for 1/2 length of their marriage. However, in cases over ten years, which are considered "Long Term" Marriages, this is not always the case and Spousal Support can be ordered for an indefinite amount of time.

However .........

A proposed Senate Bill would provide that termination of child support, due to a child's completing 12th grade or reaching the age of 19 years, would constitute a "changed circumstance" that could be the basis for modification of a spousal support order.

Under the current law, a trial court cannot change a spousal support order without showing that there has been a reason to do so. The current case law suggest that the termination of child support does not automatically justify a reduction in spousal support. However the new legislation would allow the termination of child support to constitute a possible basis for a modification of spousal support.

I will keep you posted....