Legal Question in Family Law in California
Can I modify or stop alimony?
Been married for 14 yrs. Divorced in S. California since 6/97. According to my MSA, must pay spousal support till 1/2005. Since '97, she has now completed a BS in IS (Internet Systems) and now has a good paying job (Definitely over 20% in income). Can I stop paying alimony ($400/mth) even though the MSA says that I have to pay till 1/05? And in doing so, am I risking in paying more for child support for the two children (16 yrs & almost 18).I currently pay $420 for each child and have been doing so since our separation. A year ago, I received a raise (from $69,000 to $79,000/yr and a one time 10% bonus and no, my ex does not know about the raise or the bonus) Long before our legal separation, my ex has had the same live-in partner where they share the daily living expenses. I am the non-custodial parent. My current wife does not work. What are my chances of either modifying the alimony or stopping it completely w/o affecting my current CS payment? And what must I prove to the court to make this happen?
2 Answers from Attorneys
Re: Can I modify or stop alimony?
You can probably modify or possibly terminate spousal support. Her cohabitation would be a basis to reduce s/s to possibly zero. Her greater earnings are certainly a basis to seek modification.
This presumes that the judgment itself does not make spousal support nonmodifiable.
Re: child support, there is not enough information. One child will emancipate soon, probably in June 2001, so you only have support for once child.
Re: Can I modify or stop alimony?
Based upon the facts you may be able to get SS terminated. As far as CS I would need to run a disso-master to be able to give you a recommendation. If you are located in Southern california call me for a free telephone consultation at 818-342-8020x1
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