It's difficult to make the case that a former spouse is misusing payments that are intended for his or her maintenance. Maintenance is a broad term that encompasses many of the things a person needs. However, states generally require that those needs be reasonable. If you believe your former spouse is using spousal support payments to pay for luxuries, you may be able to have the payments reduced or eliminated by petitioning the court. Again, you'll have to show a material change in circumstances, probably the circumstances of your former spouse. This can be hard to prove, but changes in your former spouse's life that will likely support your petition could include:
- Remarriage, domestic partnership or cohabitation.
- A new job or a raise.
- A large inheritance.
- A child moving out.
- Paying off debt or another financial burden.
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