Based on the divorce decree I pay her until the end of September but my sons recently told me they attended her vocational school graduation and she wore a tag that said "employed". Also, the other day she e-mailed me and said she'd be "busy" until 7pm so she had her mom pick up my boys for visitation. The point is, I'm paying $1,300 and it's killing me financially. Now realizing the seemingly obvious fact that she's employed, her new found income will dramatically change my situation of how much I pay her... I just need to prove in black and white she's employed and the income.
I would add that, even if she is employed, whether or not this will reduce your obligation depends on the language of your Decree or Order of Child Support. If you are paying child support, you could probably seek an adjustment, and her going from zero to any income at all may justify the court's recalculating support. If it you are paying spousal maintenance, then your Decree will dictate whether or not you are entitled to seek a modification, and, then, it would still be based on your relative incomes, so you may not get a reduction to zero.
It is not clear from your question whether what you are paying her is maintenance or child support or some combination. Normally, the decree will order a specific term of maintenance with standard language that ends the obligation the sooner of the end of the term, the remarriage of the recipient or the death of either party. Sometimes there are other stated conditions that will end the obligation, e.g. employment, the completion of training or income above a certain level. The situation will depend on the specific provisions of your decree.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline