Legal Question in Family Law in California
My judgment for dissolution of marriage has a written stipulation that me and my spouse signed/agreed to which states: "RESERVATION OF JURISDICTION TO AWARD SPOUSAL SUPPORT": THE COURT RESERVES THE POWER TO ORDER PETITIONER/ RESPONDENT TO PAY SPOUSAL SUPPORT TO THE OTHER PARTY UNTIL THE REMARRIAGE OF THE SUPPORTED PARTY, DEATH OF EITHER PARTY, FURTHER COURT ORDER WHICHEVER OCCURS FIRST.". This was filed on 04/23/2013. We were married 31 years. At the time of the filing both of us were unemployed. We both obtained employment after this was filed, both getting paid cash. In 04/2014 my employer stopped paying me my earnings, which resulted in quitting and seeking employment elsewhere, but it has been unsuccessful. I then asked my spouse for spousal support he he says he ain't gonna pay it to me. So now I'm gonna file a request for order to pay spousal support as well as $1250 we agreed to as well for our car that respondent kept. Pls help..is this the proper way to go about this? I also sent him a text rqting the above... he has not responded and do not communicate with him at all.
2 Answers from Attorneys
The reservation of jurisdiction to award spousal support will allow you to request spousal support. That has nothing to do with the issue of the car, however, which should have been resolved in the original divorce.
Spousal support is not unemployment. There are specific statutory guidelines that will give you spousal support. I am not sure where you get the $1250 amount. Just because there is jurisdiction does not mean it will be awarded. File immediately the longer you wait the lower your chances.