Legal Question in Family Law in California
My fiance's divorce was final Dec. 2008. He was ordered to pay spousal support until August 2009. The temporary support orders state that if she remarries support ends. The final divorce papers do not state that. In April 2009, she remarried and recieved 2 more months of spousal support. The last two support payments were returned because she left no forwarding address. Is my fiance entitled to the monies he paid her after she remarried? If so, where would he file the claim, family court or small claims? I've heard both. Thanks
1 Answer from Attorneys
Unless the parties otherwise agreed in writing, a court ordered spousal support obligation terminates upon either party's death or the supported party's remarriage. I would need to review the Divorce Judgment to be certain, but it sounds like your fiance may have a cause of action (in Family Court) against his ex. Of course, he should seek reimbursement from her before running off to court as court costs and attorney fees (if applicable) can get expensive!
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