Legal Question in Family Law in California
I have a court order that said I can keep 99% of my retirement. I am now retired, I was paying 700.00 for alimony. After Iam retired I took her to court and the judge reduced the alimony to 200.00. The problem is the 200.00 is coming out of my 99% of my retirement that I suppose to keep. What can I do to eliminate that 200.00 alimony?
2 Answers from Attorneys
You can't on the basis you are arguing. The "keep 99%" means you get to keep it to pay your bills, expenses and obligations. That doesn't get you out of paying the alimony you owe out of it, any more than it gets you out of paying the rent or water bill.
You need to demonstrate to the Court a "change in circumstances" AND provide a solid argument under Family Law Code Section 4320 (you can find it online at leginfo.ca.gov). Terminating spousal support is difficult and highly technical, but at the same time, it's not necessarily impossible. Please consult with and retain an attorney in order to devise a solid strategy before going back to Court.
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