Legal Question in Family Law in California
My divorce was final 2000.I could not afford an attorney for me as I had to pay for hers. This past week, I discovered she fabricated information and submitted lies on her income and expense report. She failed to say our 2 boys were employed at the time and were living with her, she said she had to pay for her attorney when it was me who paid him, and she took the money from the sale of our home and put it in our boys name and she never disclosed her share of 18,000.00. She was collecting Welfare while I was giving her money for child and spousal support and I was paying the mortgage on the house until it was sold. I have receipts for it all. Also, the court ordered a domestic partnership because she wanted 1/2 of my retirement which was ordered in her favor. I have been a union member for 31 years and last year I was laid off. I have been on unemployment for 13 months now and cant afford to pay her. My spousal support payments are 500.00/mo. We were married actually 19 years, but she waited until our 20th anniversary so she could get more out of me. She refuses to work full time, she only works part time. She says when I retire, she retires. Is there any way to stop the alamony & my retirement going to her? I have been paying her for way too long.
1 Answer from Attorneys
To terminate alimony you need to look to the terms of your divorce settlement. If the agreement says the terms are modifyable then you could file a motion to modify spousal support. If it is unmodifiable then you may be stuck. The information which you found out later could be used to set aside the agreement, but that is a complicated process and it may be too late since it''s been 11 years now. Your best bet would to get a consultation with a local attorney to see if you have any options for modifying or terminating alimony spousal support at this moment.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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