Legal Question in Family Law in Minnesota
Can a divorce decree ''spousal maintenance' dated 1985 attach to a current spous
My husband and his ex-wife got a divorce in 1985 in MN. The jugment for spousal support was $750/mo for 2 years and then $500/mo thereafter with other payments inc.; there was no end date on the monthly payments. Now my husband is retired and on Social Security and I make a good living. If my husband goes back to court, can the court in MN attach his SS payments or my wages?
2 Answers from Attorneys
Re: Can a divorce decree ''spousal maintenance' dated 1985 attach to a current s
The court could not touch your wages. Those are yours and not your spouse's. They could order him to pay maintenance out of his social security, however. There is a statute that says they can't consider a spouse's income in these matters, but it can come in the back door and still be looked at to the extent that it reduces his expenses.
Better consult a lawyer. My number is 952-544-6356.
Re: Can a divorce decree ''spousal maintenance' dated 1985 attach to a current s
The Court may review a spousal maiintenance obnligation whenever there has been a substantial change in circumstatnce. In making that determinination the Court must review all financial circumstances. Whether maintenance continues is based on her need and his ability to pay.
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