Legal Question in Family Law in California
Spousal support
My husband has been divorced since the early '90's and is legally obligated to pay spousal support to his ex until she is 65. There are approximately 4 more years to go. Currently he pays her double what was dictated by the court because he feels that if she doesn't she will take him back to court and get substantially more. His ex was a stay-at-home mum and they were married for over 20 years. She now currently works only part time. In addition to paying her double spousal support, he paid the mortgage on the matrimonial home for 8 years longer than he was contractually obligated, paid 100% of his daughter's university education, 100% of her wedding, etc. What are the repercussions of him now starting to pay her what the courts ordered over a decade ago? Can she 'reopen' the divorce settlement and make additional claims on my husband? Any advice would be most appreciated.
1 Answer from Attorneys
Re: Spousal support
She can go back to court and request additional spousal support. Spousal support is based on her need and his ability to pay it. The fact that he has been paying double support will support her position that he can afford to pay more support. She can also use this information to show that she needs the extra money.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
