Legal Question in Family Law in California
I have been paying alimony to my x now for the last 4 years. I recently lost my job and have no income. I receive a military pension that is stipulated in the decree that she is entitled to $500 a month. Will she be able to get more? Is she entitled to my unemployment benefits once they start? Will I have to cash out my 401k to continue to make payments to her until i start working again?
1 Answer from Attorneys
You need to look at your marital settlement agreement and/or judgment to see if the court reserved jurisdiction to modify support. Her share of the pension should be fixed no matter what, unless something is messed up with the MSA or judgment. If you are entitled to modify support, you will need to file a motion or OSC to get a modification. The new support will be based on your unemployment. If done properly you should not have to touch your 401k. Bear in mind, though, that support changes are only retroactive to the day you file the request, not before, so the sooner you file the better.
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