Legal Question in Family Law in California

This question is being posted on behalf of my mother in California. She and my father divorced 4 years ago after 25 years of marriage. All children are independent. He has been paying spousal support since the divorce. He makes a significant amount more than she does as she has only ever worked part time while also raising 4 kids. She can't get a full time job in her field so has multiple part time jobs. So she gets no benefits and no employer supported retirement, etc.
My father recently was demoted from his position in the company he works for to a "consultant". He was essentially getting paid too much for what he did there. So he is no longer getting a salary or bonuses, but technically still has a job. He is remarried, has bought a new car, new house, and new RV in the past 4 years.
My mom has not remarried, she rents an apartment and has not purchased any expensive items.
He called my mom and told her he will not be paying spousal support anymore.
Question 1: He can't just STOP paying without a court order, right?
Question 2: Can his assets (car, RV, house) be taken into consideration if the courts allow a modification of the support payments?

Asked on 2/04/14, 8:20 pm

Anthony Roach Law Office of Anthony A. Roach

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1. When he stops depends on the original court order itself. Otherwise, if he wants to modify it or terminate it, he will have to file a court order.

2. The court does not apply assets owned by one party to calculate spousal support.

Answered on 2/05/14, 10:24 am

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