Wisconsin family law: My ex-husband is cohabiting, and his standard of living has increased. Can I ask for a modification of my spousal supp...

Question

Wisconsin family law: My ex-husband is cohabiting, and his standard of living has increased. Can I ask for a modification of my spousal support?

Answer

Unfortunately, NO. His change in expenses has nothing to do with his ability for support.

They base your support on his Gross income (for child support) and his after tax income (for maintenance). Neither of which are based on his living expenses (except in extremely rare case).

However, your change in living expenses are good reason for him to ask the court for change. This is because your expenses (often times) are the basis of your receiving maintenance.

But to your specific question, you can always ask, but may have to pay for costs and possibly his attorney's fees.