QUESTION

Can I extend my support for a couple of more years until I am better?

Asked on Mar 05th, 2013 on Divorce - California
More details to this question:
I was married 8 years, together 10, upon divorce I was to receive spousal support for 4 years (he has remarried, both work, he is vice-president of a company now), he left me disabled I was in a wheelchair and am still not well. I am awaiting double knee surgery but my alimony ends in 4 months. I also forgot to ask for money for a car accident that we had before the separation that he collected on and I had received my inheritance while married but forgot to claim the money I would have been entitled too. I am 55 years old, he is 47.
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5 ANSWERS

You may be able to but it is important that you file before the current order expires. Please contact a family law attorney asap.
Answered on Mar 06th, 2013 at 2:29 PM

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You will have to file a motion to extend the support due to your disability.
Answered on Mar 06th, 2013 at 2:29 PM

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You need to see whether support is modifiable in your judgment. My guess is that the court would not extend it as you received it for 1/2 the length of the marriage.
Answered on Mar 06th, 2013 at 2:29 PM

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In California, making changes based on "forgetting" to ask for your separate property inheritance and separate property personal injury settlement (assuming it didn't include lost earnings from times during your marriage), will be impossible in my opinion, but I would advise getting other legal opinions from attorneys who can read all of your case documents and can review the law and case law in your area. A Judgment is a very important document and the time to make sure it's right is when you are negotiating the settlement, not years later. The Spousal Support may be extendable, you need to get legal assistance to determine from the Judgment, whether it is even possible, and if it is, you will need the legal assistance to plead your case, as it will be difficult.
Answered on Mar 06th, 2013 at 2:28 PM

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Family Law Attorney serving Walnut Creek, CA at Law Office of Jon Rathjen
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There are two key questions to be addressed before your main one can be answered: 1. Did the court retain jurisdiction to modify support? If not, there is nothing to be done. A good family law attorney should be able to determine this by a quick review of the judgment. 2. Was the support non-modifiable? If the answer to #1 is no, the answer to this is almost certainly yes. But even if jurisdiction was retained, if support was made non-modifiable, you are probably out of luck. Again, a good family lawyer should be able to answer this quickly by reviewing the judgment. If the answer to #1 is yes and #2 is no, then the same lawyer can counsel you on your chances and the cost of getting the matter back before a judge.
Answered on Mar 06th, 2013 at 2:28 PM

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