Legal Question in Family Law in California
Spousal Support Modification
My husband�s ex-wife was not granted support or custody of their children in their divorce and she had been self- supporting since that time. She took him to court last year and for a brief period (10/04-04/05)the children lived with her and a review hearing was request by the Judge. Relying on the income from Child Support she quit her job and began to work only part-time at mimimal pay. Prior to the scheduled hearing we were contacted by her attorney asking to settle out of court stating it best that his 13 yr old son move back in with us and mom have visitation every other weekend. Thus no need for Child Support however since their 18 yr old daughters (twins) would continue living with her she would need spousal support.
My question is that he agreed to pay her $900/mo Spousal Support to help with his daughters. The stipulation reads until further court order or the parties� written agreement. It has now been 6 months both of the girls have moved out (May 05) and she has made no effort to seek employment of her previous caliber to increase her income.
I seems we are right back to square one. Do we have any grounds to modify the spousal support?
2 Answers from Attorneys
Re: Spousal Support Modification
Spousal support is not determined by custody of the children. It is a totally separate award. You may seek review of both child and spousal support. When children reach the age of 18 child support stops. Spousal support is determined by the length of the marriage, the income of the parties during and after the marriage. Call me directly at (619) 222-3504.
Reply: Spousal Support Modification
In a general sense, spousal support can be modified whenever there is a significant change in circumstances.
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 (including spousal support) by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com