Legal Question in Family Law in California

Mental Illness and alimony

My boyfriend divorced three years ago. The alimony is to run until the ex-wife remarries or dies. She is mentally ill and was recently committed to a County facility. It has been suggested that since she is in the care of the county, the alimony might be forgiven. It this possible?


Asked on 3/09/04, 2:10 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Mental Illness and alimony

If you don't pay, what is she going to do, sue? Presumably the court would let you off the hook if you filed a motion. Or you could be ordered to pay the county. Stranger things have happened. You could try not paying and see if anybody notices. At worst you would have to pony up the arrearages (especially if and when she eventually gets out). This is only a guess, and I won't be responsible if you get in some kind of trouble for using such a tactic without consulting a real live lawyer.

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Answered on 3/09/04, 2:19 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Mental Illness and alimony

"Forgiven" is an improper term. Your spouse would have to go to court and seek a modification of spousal support, based upon a significant change in circumstances, as well as a reduced need.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 3/09/04, 10:19 am
Damian Nolan Law Offices of Damian M. Nolan

Re: Mental Illness and alimony

You should always do it right! If you wish to change the court order then you need to go to court.

It appears, based upon the information provided, that there may be a material change in circumstances to justify a modification or termination of spousal support. However, be aware - a request for modification is a two edged sword and could work in exactly the opposite way than you think it will. Perhaps the unfortunate mentally ill woman may need more assisatance from your boyfriend - not less. I strongly suggest that you consult with an attorney before making any rash decisions.

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Answered on 3/09/04, 1:05 pm


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