It has been 3 years since your divorce has been finalized by way of Entry of Judgment, and you've been consistently paying spousal support (or as others like to call it, alimony). You've been married for 12 years, separated for 5 years, and have 1 child that is now 16 years old. The ex-spouse receiving support is now earning double the income he/she earned at the time of Entry of Judgment. The marital standard of living is specified in the Judgment as lower middle class.
Your request is now to either terminate spousal support or reduce spousal support to $0.00. What is the difference?
But first, we need to look at 3 important factors:
Imagine spending $1 for a lottery ticket, and winning $83 million! What is the source of that $1? That is the deciding factor in whether you have to share any part of the winnings with your ex-spouse.
If you are looking for sole physical custody, then the first question to ask is: are the children currently in danger when in the care of the other party?
Often times, a parent answers “yes,” but when you ask that parent what the danger is, he/she has a hard time articulating it. Other times, the answer is related to having a poor co-parenting relationship.
So, what would the Court consider as "danger?"