Legal Question in Family Law in California
spousal support
divorced in 2000, community
property was split 50/50 and ample
to support each of us without
working if managed properly
($2million in cash/investments and
$48k in pension benefits to each),
both of us were unemployed at time
of divorce, I agreed to the court
having jurisdiction over me
(husband) for spousal support due to
23 yr marriage.
Now after nine years my ex-wife is
coming after me for spousal support,
saying she has run out of money.
Her income is 60% of mine. Am I
subject to having the court require
me to give her spousal support?
2 Answers from Attorneys
Re: spousal support
If your spousal maintenance order was modifiable then she has the right to come back and try to modify it. So do you. The moving party has the burden of showing the court that it should be modified and the standard is "substantial and continuing change of circumstances." This technically means a 15% or greater change in the numbers. Be prepared to battle it for sure if she is hell bent on getting more support.
let us know if we can be of any assistance.
Re: spousal support
The court has jurisdiction to award support. If supportis awarded it will be based upon her need for support and your ability to support your spouse along with the standard of living of the community while you were married. That leaves many factors for the court to consider. While you have a good chance of prevailing, I would suggestt hat you retain an attorney to defend you in this. An attorney can provide the court with all of the statutes and the case law that support your position that she is not in need of support or entitled to have support awarded. Good Luck, Pat McCrary
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