Legal Question in Family Law in California
After 16 years of marriage and three children I divorced my wife. I paid child support as required until each child was over 18 years old. I am now 64 years old remarried and I am still paying $350.00 per month spousal support. I am retired and receive social security. We married in Powell, divorced in 1988 in Ventura County. She now lives in Maryland, never remarried and I live in Bakersfield, California. How would I end this payment.
2 Answers from Attorneys
It depends on what your judgment says about it. If the court retained jurisdiction to modify spousal support, then you file an OSC to modify or terminate support in Ventura County under your original case number.
Because of your long term marriage, spousal support is considered "permanent." Don't be afraid though, because permanent is not permanent as the common usage means. Terminating spousal support can be a very difficult process, but it's not impossible. You've got two major points on your side: 1) You are near the "legal" age of 65 for retirement; and 2) You have been paying support for longer than the length of the marriage.
You will absolutely need to consult with an attorney. The standard for terminating spousal support is high and very legally complex. But the good news is that it's very much possible to terminate (zero out/reserve) support if it's done the correct way.
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