QUESTION

How can support be reduced at retirement?

Asked on May 30th, 2014 on Divorce - California
More details to this question:
My ex was awarded lifetime support since we were married for more 20 years. What happens when I retire as I can't possibly make that same payment? Are there limits as to what age I can retire because of the spousal support?
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3 ANSWERS

If your retirement was involuntary then you can apply to the court for a reduction in support. You should consult a family law attorney to review all of the orders and relevant facts and advise you.
Answered on Jun 02nd, 2014 at 5:34 PM

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You will have to file a motion to modify based on your retirement. If it is an early retirement she may object based on you voluntarily reducing your ability to pay.
Answered on Jun 02nd, 2014 at 5:31 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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At or near the time set for retirement, a motion should be filed with the court to show how much your income will be reduced. Based on that the court will probably reduce the amount of support you have been ordered to pay. I say "probably" because it all depends on what you signed when the divorce was handled. I strongly suggest you make an appointment with a local attorney to have your divorce and support papers reviewed.
Answered on Jun 02nd, 2014 at 11:30 AM

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