Legal Question in Family Law in California
Living in California...Is there a remote posibility that my ex can stop my alimony (I was married to him for 20 years...) because I live with my fiancee and am expecting another child with him in September 2010...I am currently a f/t student and have no income...I also have a 10yr old son (adopted...so we both receive 1/2 of the Adoption Assistance from Sac. County..) who my ex doesn't help pay for 1/2 of anything he might need...ie: food,clothes, football practice...shoes... My fiancee helps pay for almost everything because I do not receive much at all... My fiancee is on: SSDI and is disabled...My ex works for the: State of California as a: Correctional Officier he makes: $6,000.00 a month and his new wife makes: $2,000.00 a month as a Nurse Assistant working at the Prison too.
Thanks,
Mary
2 Answers from Attorneys
Spousal support is usually modifiable, based upon changed circumstances, unless made non-modifiable in the Judgment. A review of all of your circumstances would be needed before a full answer to your question could be given.
By law, cohabitation with a person of the opposite sex raises a presumption that modification of support is warranted. So unless your support order was final and made subject to an order ending jurisdiction to modify, it can be modified due to your living with your partner. Beyond that, your description of the situation is rather jumbled and unclear, particularly regarding the adopted child. So really that's all I can say.
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