Legal Question in Family Law in California
Spousal Support Calculations
I have been divorced 2 years and my ex-wife wanted to recalculate the spousal support because I no longer pay child support (since last July). My questions is how often is it appropriate to recalculate spousal support ? Also we refigured the spousal due me with Cal Supprt software and it is down to a minimal amount. My ex-wife would like to be retroactively reimbursed for what she claims was an overpayment. Where do I stand on these issues ?
3 Answers from Attorneys
Reply: Spousal Support Calculations
Your questions can not be answered without reviewing the underlying Orders and payments.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Spousal Support Calculations
A preliminary question is whether or not the court still has jurisdiction over spousal support in your case. If there was a final judgement, then the court has no authority to revist spousal support. Look at the language on your final papers.
Re: Spousal Support Calculations
Once child or spousal support has become due it cannot be changed. The exception is that if a motion to modify has been filed. Then the court can modify support back to the date of filing the motion. You should restate the facts of your case more completely and resubmit it or contact an attorney.