Q: If you were divorced in 2012, are you held to the new 2015 laws regarding spousal support?
I was divorced in 2012, after 19 years of marriage. At that time, maintenance was set at a specific amount, and I could request a review after 36 month for modification or termination. I have not gone to court to ask for a review (and have continued to pay) because I was told that I would be subject to the new 2015 guidelines, even though my divorce was final in 2012. Under the old guidelines, my ex had a responsibility to become a self supportive member of society. Under the new guidelines, she has no incentive to do so. She can basically live off of my money for 15 years. I would like to know if the 2015 guidelines apply to the review of a 2012 divorce case. Thanks.
A: You ask a great question. Unfortunately, our legislators never saw fit to explain what would happen in situations like yours. I do not think the appellate courts have decided what to do either. However, my guess is that your ex will have to show a substantial change of circumstances in order to get a modification of her rights under the original judgment.
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