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