Legal Question in Family Law in California

In Sept 2010 My Husband of 9 yrs left me suddenly and filed for Divorce within a month. I pleaded to hold off filing so quickly, wishing to save my marriage. He was firm and adamant. He pushed me very hard to sign the papers very quickly. Knowing I was in a bad place financially, he told me I must go along with or he could and would make it hurt allot worse. He threatened if I refused to sign the papers he had drawn up, or tried to delay the divorce process for any reason that all the agreements we had worked to achieve, would disappear.

He stated quite assertively that instead of abiding by our mutually agreed terms, he would fight me in court and insure I would not get near what he was offering, and reminded me I would struggle far more financially. Knowing I'd been laid off the yr prior, and that he'd have to pay a substantial support to me, his terms were simple: he would be more flexible on the length of term to pay (I think 4 months total were added by him) and a few other community item decisions would benefit me, if I would agree to not contest the divorce.

We eventually filed through a legal office where he'd hired a papalegal to draw up our divorce papers. Ultimately, we finalize and notarize the final Judgement, have them write up the documents for court filing and have them notarized. Because he couldnt wait another week or two - they were notarized the day before Christmas Eve 2011.

The paralegal then filed them, and March 30 2011, our Judgements were mailed to us and our divorce was final.

8 months later in Dec 2011, he called to inform me in Oct. He had been given a 60 day WARN notice for lay off and that his last day would be in Dec. He planned to collect his severance in the meantime and would still pay through that period (through June 2012). During that call and in subsequent calls since, each time we communicate he takes care to repeat that he cannot continue to pay me if he is still not working after severance ends.

He also states things like his new income will "probably be less due to economy" so I "should expect less, even when I do get a job, then". Because of these early "premonitions", he seems to be sharing with me, and just due to personal experience in dealing with him, I suspect this intention is to take advantage of any possibility or opportunity his being unemployed currently that he might try and use to get out of some or any of it.

It's disturbing to see his assumption of how it will play out for me. I don't wish to create undue hardship, nor would I want to take more than is reasonable under the circumstances. but.. if necessary, HOW can I pursue this to make sure no matter how long he is out of wk, he will still have to pay back eventually the accumulated amt?

Is this even feasible or true?

And in general, what are the basic laws regarding spousal support under such conditions, like temporary loss of income, unemployment income, alimony?

Does it effect the date set for his having fulfilled his obligations for support? or will that date remain same regardless?

Does he have to pay a certain amount per yr, as he initially agreed? Similiar to child custody, will what does not get paid accumulate in the meantime? Is it still be something I can choose to pursue reasonably as backpay owed in later yrs (if it has not been satisfied as orginially agreed upon).

I helped put him through school prior to our 9 yrs of marriage (12 total yrs together) but until I am in a new job, I've been living temporarily w a relative. I remain dependent on his income assistance. Both for the time being and even after that I believe we researched what I was entitled to and he then agreed upon it, and had it notarized to the tune of binding it that no other court may change it. He both agreed upon this and then had it notarized. I feel his commitment to whatever he agreed upon is only right. I know he is angry, resentful and bitter after just one yr of making the monthly support payments to me. However, we did come to the agreement that now exists as reference.

I have always trusted he just provide what he committed to each month.

His income is not automatically docked, but I would like to know if it could be. This way the state can decide how much of his limited income (if any), I should be collecting during this time. I wont have to ask for an amount. I know he is angry, resentful and bitter after just one yr of making the monthly support payments to me.

I am very grateful for your reading all the background explained here. I apologize I am sure it was far too detailed.

My real bottom line concerns:

He is telling me that he thinks June or July will be my last payment and sorry there is nothing he can do, about it because he is unemployed now.

Questions:

1. Is it true that like child support, spousal support (State of CA) will continue to be owed and accumulate if it is stopped for short or long term- especially for a reason such as this one given? It's very reasonable that he might not be able to continue or have to provide less, or nothing, for a period right? Should I expect that I wont be able to pursue any lost alimony payments, or will I be able to count on a portion of his remaining income sources, like unemployment? (he makes roughly 145K Annually)

I don't wish to take money he doesnt have, but I do expect he contributes the support he commited to, in time, when he is able.

2. How can I go about taking steps to avoid dealing with him directly. Easier perhaps to use another avenue. If I can opt for automatic deductions, and have little to no contact, that seems like the least confrontational, and just best option.

In the event he gets hired unexpectedly tomorrow, and has the same Salary as current and is willing to resume payment, May I still opt to have whatever amount we agreed upon removed from his wages, other income, percentage of EDD, or tax refunds instead of having to communicate w him?

I know lots of people who have this done with child support, they advised me that even if I am just receiving spousal support, I should find out what it would cost and how to set up such deductions so I wont have to deal with him if and when I am trying to get anything that may have backed up due to time he spent out of wk and electing he wouldnt have to pay?

Thanks for your assist

1 Answer from Attorneys

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California

Looking for something else?