Legal Question in Family Law in California

spousal support

I got served to appear in court after I got remarried to stop Spousal support. Do i have to respond?


Asked on 5/22/09, 1:20 pm

1 Answer from Attorneys

Colin Greene Russakow, Greene & Tan, LLP

Re: spousal support

You are receiving spousal support after you got remarried? Spousal support, unless you stipulated to a nonmodifiable judgment, terminates at remarriage by law. If your "payor" ex has filed to terminate, it will be granted by the court. So you don't need to "respond," but if I were filing the request to terminate, I would also be requesting an award against you for all payments made since your remarriage in addition to my attorney's fees, so you need to read the papers you received carefully to see what all is being requested beyond termination and that would control whether or not you need to respond. So what you really should do is cooperate, and probably sign a stipulation to take care of this so your ex doesn't have to go through the time and expense of a court hearing.

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Answered on 5/23/09, 10:51 am


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