QUESTION
Am I required to provide that information his ex-wife has remarried recently?
Asked on Feb 25th, 2013 on Divorce - California
More details to this question:
My husband is going to court to reduce maintenance payments to his ex-wife who has remarried. They have no children living with them. They're grown and gone. I am his new wife and they have subpoenaed my financial information. She is considered handicap because she is legally blind.
9 ANSWERS
Your husband doesn't have to file papers to stop paying spousal support if the ex-wife has remarried. If you review the divorce judgment you will see in there that it says that spousal support terminates on remarriage of the the other side. If there is a wage assignment in place and the ex won't voluntarily release it, then he might have to go to court. But otherwise, termination of payments is automatic. You can file an objection to the subpoena of your pay information on the grounds that it is not relevant if she truly has remarried. Good luck
Answered on Feb 27th, 2013 at 8:14 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't think your financial information is relevant as to his ability to pay. To the extent you give him gifts or pay him a salary it may be. You need to talk with his attorney and perhaps hire one of your own to fight the issue.
Answered on Feb 27th, 2013 at 7:50 PM
John Arthur Smitten
If the ex is remarried that should stop the alimony for good. Need to review your paperwork.
Answered on Feb 27th, 2013 at 7:37 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The judge will answer the question of whether you have to produce anything.
Answered on Feb 27th, 2013 at 7:03 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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Generally the answer is that ex-wife is not entitled to your financial information at least in the State of California. New spouse/new mate info in California is only relevant in a peripheral sense to determine tax basis unless the spouse is deliberately avoiding income and depending on new spouse income to avoid a child support obligation.
Answered on Feb 27th, 2013 at 7:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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In Michigan your financial information would not be relevant.
Answered on Feb 27th, 2013 at 6:52 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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A subpoena requires you to produce what you are requested to produce unless the subpoena is stopped by the court. Call you husband's attorney and ask him about stopping the subpoena. You may elect to hire your own attorney to stop the subpoena and keep the information private.
Answered on Feb 27th, 2013 at 6:49 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No but if she has remarried the obligation should be terminated not reduced.
Answered on Feb 27th, 2013 at 6:49 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Look at the judgment. Typically support ends on remarriage, so absolutely provide proof of the remarriage.
Answered on Feb 27th, 2013 at 6:48 PM