Legal Question in Family Law in California

spousal support

I filled for divorce in 1/93, it was final in 6/94. The marriage bagan in 10/80. My ex-husband wants to settle spousal support. Our divorce decree states that spousal support should continue until death of either party, re-marriage of me, or further order of court. He states that the temporary support paid from 1/93 counts as spousal support, that the court will favor him as he ''makes no money'' all his money is now ''off-shore'' and he is moving out of the country. Should I accept his paltry offer knowing I'd be lucky to get ANYTHING or count on the courts who failed me miserably the first time around ?


Asked on 4/21/03, 2:11 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: spousal support

based on the facts given so far, you should probably retain an attorney ASAP to represent your interests in this matter, especially for negotiations with your ex husband since time seems to be of the essence regarding your acceptance of the offer, your legal rights should your husband leave the country as you described in your question, etc..if you would like further legal assistance and/or representation in this matter, please email my law firm today with more specific details regarding your case, especially in respect to your court ordered spousal support, your ex husband's current written or oral offer to you, as well as what assets your ex husband may be leaving behind should he leave the country.

Read more
Answered on 4/21/03, 2:16 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: spousal support

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

In general terms spousal support is based upon your "need" and his "ability to pay." At this point only you know the specific facts of the case so only you can decide whether to "go to court" again or not. Contact an experienced Family Law attorney in the county where the order originated for specific advice and possible representation on your behalf.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

Read more
Answered on 5/12/03, 11:55 pm


Related Questions & Answers

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