Legal Question in Family Law in California
Does my ex-husband have a right to change my alimony payment to a lower amount because he thinks I should get another job, in addition to the 30 hr. a week teaching job I've had for 20 yrs.? He makes more money now than at the time of settlement 6 yrs. ago.
1 Answer from Attorneys
It depends on the terms of your divorce judgment. He has no right to unilaterally lower the payment, but he may have a right to have it recalculated. Alimony is intended to be a temporary bridge while the supported spouse becomes fully self-sufficient. So if the judgment allows for modification, the court may well expect you to find a way to ramp up to full time employment, and if you don't the court would then impute to you the income you COULD have earned if you did work full time. That would then reduce your alimony. Of course his current income would also be considered, so he might win the battle and lose the war.