Legal Question in Family Law in California
Hello, I needed to ask a question regarding alimony. My divorce finalized in April, 2003. I agreed to pay child support for my three children until they reached the age of 18, and $221 of monthly alimony until January, 2010. I didn't know, but at the time that the divorce became final my ex-wife began living with a man and shortly after had a child with him. My children are all adults now but I have arrears totaling about $20,000. Is there a way that I can get this reduced because of the relationship that my ex-wife was involved in? or is it too late because it's in arrears or because the laws were different back then?
Thank you
1 Answer from Attorneys
The laws were the same, but the general rule is that you cannot go back in time to reduce support payments. Cohabitation with a member of the opposite sex raises a presumption of a right to reduce spousal support, but not child support. And you have to file a motion to reduce any support. Otherwise it is presumed to be due and owing. You may be able to get your spousal support arrears reduced if she hid her new relationship from you, but that's about all you have available to try.