QUESTION
Can my ex husband stop paying or lowering spousal support even it was on the original divorce agreement?
Asked on Feb 05th, 2013 on Divorce - California
More details to this question:
We dated 3 years and married for 14 years. We divorced for 8 years now. On the original divorce agreement, he has to pay a fix amout plus a percentage if his income is over certain amount until I re-marry or either one of us die. All these years he makes almost double of my salary if includes both of our bonuses. We both have been getting salary increases the past years. He filed a motion to stop paying saying I have enough education and experience and skills for my professions. The past 8 years we both didn't change jobs. He has master degree and I have BS. None of us went to school in the past 8 years. He claimed that my house has higher value than his. He has no mortage and I have mortage. On 150 form, he showed he has person loans. (with his current wife's dad ) Can he stop paying or lower his payment even original divorce agreement showed until I re-marry or either one of us die?How can I keep the orignal amount?
6 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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He cannot stop unless the judge says he can or if the judge lowers the amount. You can ask for an increase in support.
Answered on Feb 06th, 2013 at 11:44 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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You said that he filed a Motion to stop paying, so I assume that hearing date is coming up. Either of you may file to modify Spousal Support based on changed circumstances, but it is a fairly complicated motion and evidence hearing. Did your Judgment say that you were to make your best efforts to become self supporting (a Gavron Warning) You need to hire an attorney to help you with this. Was there a trial to determine the standard of living during the marriage with Judge's findings, or was this just a private agreement, made into a court order. You need an attorney for this area of law. Obviously, it is worth the money spent hiring someone because you have literally years worth of support to try to protect. If you absolutely cannot afford to hire an attorney, try to find one willing to make a motion asking for him to help pay for your attorney fees so that you can have legal assistance during this important hearing.
Answered on Feb 06th, 2013 at 8:08 PM
Jeffrey Bradpiece
You have to file a responsive pleading to his request for order modifying support. The court will determine if he can lower or terminate support.
Answered on Feb 06th, 2013 at 7:31 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you make more money now than you did when support was originally ordered, your need has been reduced. Whether it has been reduced to such an extent that support would end is a question for an attorney who has your documents to look at. Support is based on your need and his ability to pay (capped by what he earned during the marriage). So support could be reduced but still go on. You do not get the same amount forever.
Answered on Feb 06th, 2013 at 7:12 PM
If the Judgment allows for modification of the support for the reasons he cites in his motion, then maybe. Otherwise, the support will not be changed for those reasons.
Answered on Feb 06th, 2013 at 6:44 PM
I always advise that one should be careful about what one asks for. Yes your support could be modified. Up or down. Just present your evidence to the Judge and why you need support. You should consult an attorney.
Answered on Feb 06th, 2013 at 6:41 PM