Legal Question in Family Law in California
My ex husband is court ordered to pay alimony until Aug 30 2015. The judge allotted me $2000 monthly after almost 27 yrs married since I spent most of the years married as a stay at home Mom and no degree, with the right for either of us to go back to court if the income drops 30% below where it was when final decree was awarded. He has written me a note informing that he will cease paying as of March1, 2010 and may not pay in February either. He is in his legal right to take this back before a judge having been laid off from an executive management job but intends to make this a permanent thing and not just a temporary one. That has been made clear on a regular basis since the divorce that he would find his way to not fulfill his obligation as happens to so many of us when a man finds another woman in his mid life crisis period as he did and our only child graduated college. The background harassment and resentment over having to pay anything what so ever never ends long after the divorce is over. It is to his advantage to do this now before his own new home based business he has been cultivating in the background while he receives his EED payout has had the opportunity to come out of the closet but not until those EED funds run out. He also has a promise of a executive sales job with another huge company his brother has a huge hand in now in the future already in the equation but is being held off till he accomplishes this goal with me now my Son and others have let me know fearing this time was soon in my world.
Seems a bit outlandish that he can completely stop payment permanently but keep his own home, toys, new car, travel lavishly on a regular basis for pleasure and change nothing about his own lifestyle nor spend his own reserves before that is considered ok to do to me but I don't think those things are part of the equation in a court of law are they?
This choice on his part is going to cause me to immediately default on my own home currently or sell at a complete loss still owing the bank if not kept till sale price increases. It will ruin my own perfect credit rating when that happens. Homes in my neighborhood that have already done a short sale or defaulted have forced my property value well below the current market value that made selling myself a nightmare of loss today. I had to leave all proceeds from our divorce invested in this property in order to keep it and start my life over again with only $11,000 in savings. Professional financial advice I sought said keeping it till I turned 55 was the only smart choice I had at the time siting the statistics for long term divorce and which women recoup there after. I consulted again in Jan 2009 and was advised again to keep it so I did. I turned 55 in June of 2009 soon after the crash that shocked us all. This decline in 2009 has been very frightening with my own home based business already very low income in the last 6 months with the economy the way it is and all equity lost. My income this past week was only $200, this week not much better, and my health care insurance alone is almost $800 a month as of the increase Jan 1, 2010 since I am self employed as a Massage Therapist and Life Coach. My own savings has been exhausted covering the differences while the economy continues to decline and what small investment (under $20,000) I had in GE stock that is an court forced IRA is $6000 less now than when it was first awarded me at the time of divorce. Without the $2000 monthly I was alloted I cannot survive even to rent a place but have perfect credit and no debt.
What should I do to secure myself in this situation so that this is not made a permanent order or nothing at all now? He says he is filing this with the court in Santa Cruz County this next week so that would be the 3rd week of Jan. He plans to represent himself before the judge and I cannot afford a lawyer myself to help me. I am so very sick over this and, of course, very frightened and need your advice.
Thank you so much.
Regards,
Alicia
1 Answer from Attorneys
You really should find a way to retain an attorney if at all possible. Many attorneys, myself included, will accept "limited scope" representation, in which we assist you in representing yourself, rather than taking over the case for you. If your husband really has substantial assets, there is also a good chance that he will be ordered to pay your attorneys fees in connection with the motion, regardless of the outcome of the motion. The reason I say you need an attorney is that you need someone who knows the tools for forcing him to disclose his assets and employment opportunities and how to use them effectively. You will need to put this information in front of the judge to prevent your ex from succeeding. If you would like to discuss your options in person, I maintain conference facilities in Campbell and would be happy to meet with you for a free 1/2-hour consultation.
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