Legal Question in Family Law in California

Alimony

I have been divored from my ex-husband for a number of years, and in our divorce agreement he agreed to pay alimony to me until I remarry or die. He was recently laid off his current job, so my question is..Is he legally obligated to continue his payments if he is receiving unemployment benefits?


Asked on 1/23/02, 11:05 am

1 Answer from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Alimony

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Unless your judgment of dissolution provides otherwise, your husband must continue paying spousal support ordered therein, unless and until he gets a court order modifying the spousal support provision(s). Spousal support basically is determined by the supported spouse's "need" and the supporting spouse's "ability to pay." Again, unless your judgment prevents it, he conceivably could get an order whereby you would be required to pay him support, if you have the "ability" and he now has the "need."

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 1/23/02, 1:42 pm


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