QUESTION
Can I ask the courts to stop spousal support if my ex moves back in with her parents?
Asked on Jun 13th, 2014 on Divorce - California
More details to this question:
I am currently paying spousal support and a gavron order is part of the judgement. My ex currently works about 4 days a week, and since the divorce has been living with her mother at their family home. I know that if she remarries or moves in with a boyfriend that spousal support will end, but isn't moving back in with parent(s) and getting very low rent sort of the same thing? Her standard of living has definitely gone up because of this (nicer home, neighborhood, etc.), so would the courts if asked be inclined to reduce or remove the alimony payments? It's been 2 years, she's been there with no plans to move out by herself. Thank you.
3 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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File a motion to modify support. Problem is you will have to prove she's getting free rent and how much. It may not be enough to reduce support too much and probably wouldn't stop support.
Answered on Jun 17th, 2014 at 10:26 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It is possible. Some depends on the length of support versus the length of support. Other factors your income versus her income, her physical ability to work or not work, whether she is voluntarily working only 4 days a week when she could increase her hours, change in her income since dissolution, some depends on whether you were married over 10 years there are other factors,. I can't say either way.
Answered on Jun 17th, 2014 at 10:26 PM
If your order is modifiable, you can request a new order from the court but I have never heard of the court terminating support under the circumstances you describe. You should consult a family law attorney to review all of the facts and documents and advise you as to your options.
Answered on Jun 17th, 2014 at 9:33 PM