Legal Question in Family Law in California

I was divorced in 1995(in Minnesota after 22 yrs.) as part of the settlement I am to pay spousal maint. until either my x-wife remarries or dies. I am now 63 years old and retired and just started collecting Social Security. I do owe her about $18,000 in back support. I remarried 8 years ago and my present wife works to support the household with two teen-age children (both under 18 yrs.,) At the present I do not work but do collect a small pension from a previous employer of $410.00 per month (my x-wife is also receiving part of this now as per the settlement on a monthly bases) and $1,652.00 from Social Security. My x-wife was receiving support from me until May of this year.

My Question is; now that I am receiving Social Security can I be forced to give her part of this money that she claims she can? My x-wife is still working and will continue to work and I am sure until at least 65. I know about the law stating that she would be entitled to some of it when she retires because of the "long term� marriage of 10yrs +.

Help if you can.


Asked on 9/27/11, 4:29 pm

2 Answers from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

Since the judgment is out of Minnesota, I would repost this question under Minnesota law.

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Answered on 9/27/11, 4:32 pm

Ms. Ellifritz is correct. California law will not apply to this, and support law varies greatly from state to state. You have to ask MN lawyers.

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Answered on 9/27/11, 4:52 pm


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