Legal Question in Family Law in California
Spousal Support suspended due to incarceration retroactive to release date
My divorce was final in 1997, and the court awarded me spousal support in the amount of $1800. payable until death, or remarriage or further ordered by the court. In 1998 I was sent to prison where I served 14mos on a 2yr sentence. While incarcerated, my ex's lawyer sent me legal paperwork requesting a modification for full custody of our kids and discontinue spousal support. Also stated that I would have the right to file for reinstatment when I got out, which I just recently discovered while going through my papers. I was released in July 1999. My ex paid me $1000.00 a month July 2001, when he stopped. He said he didnt have to pay me at all and that he couldn't afford it anymore, anyway. He is a regular on a daytime soap opera and has been for the past 15 years or more, and is well paid. From July 2001 to now I have and lived on the community property settlement awarded in the divorce, which was depleted about a year ago. My question is do I have a right to my spousal support since the day I was released from prison and also can I be compensated for money used because I believed him when he said I could not get it reinstated? I notified him recently of my intention but he ignores it. what are my options?
2 Answers from Attorneys
Re: Spousal Support suspended due to incarceration retroactive to release date
This is a complicated area of the law. The court has very wide discretion in determining spousal support issues.
You really need to retain a competent family law attorney to assist you. It is highly unlikely (if not impossible)that you will receive retroactive support. However, you may be entitled to receive ongoing support depending on the circumstances.
Regards, Damian Nolan
Re: Spousal Support suspended due to incarceration retroactive to release date
You cannot get a retroactive modification of spousal support to reimburse what you have spent from community property. The fact that you no longer have the community property assets may entitle you to more spousal support. Spousal support is based upon need of the party receiving spousal support and the abiliity of the payor to pay. You should get an attorney because there are several factors for the court to consider when awarding spousal support. Good Luck, Pat McCrary
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