Legal Question in Family Law in California
My ex-wife and I came to a settlement and agreed upon our details of divorce. This was done in court on 7/22 and recorded by a court reporter. I represented myself and the judge asked my ex-wife's attorney to put the final paperwork together and get it to her immediately for signature. We agreed to a $25000 buyout for the spousal support upon dissolution of marriage. No paperwork has been completed as of 9/16 and the judge has not signed final dissolution papers. She paid me $500 a month temporary spousal support and decided to stop. She did not pay July, August and September. Since the divorce is not final, am I entitled to those 3 months in arrears? I understand temporary spousal support only ends on a court ordered motion. Thought it was free!!!!!!!!!!!!!!!!!!!!!!!!!Thank you.
1 Answer from Attorneys
You are indeed entitled to hose three months in arrears. Your ex is currently in contempt of a court order. Now the other side will argue that a new order is in place but I would argue since opposing has dragged their feet in preparing the paperwork then you are entitled to spousal support.