Legal Question in Family Law in California
spousel support arrearages judgement overturned
I want to know if my ex-husband after getting spousel support stopped in 1993. Can he now go back and try to get the amount he owes in arrearages thrown out as well. He is saying that it is unfair because we were only married for about three years. We were married as long as almost ten if you include the seven common law years we were together.
2 Answers from Attorneys
Re: spousel support arrearages judgement overturned
I'm not sure I understand your question. Support was stopped in 1993. Any arrears would still be collectable, subject to a laches defense if you waited too long to collect.
California does not have common law marriage. The time you lived together before marriage, if in CA, does not count.
Re: spousel support arrearages judgement overturned
As I understand you want to know if the court can reduce spousal support after it has accred. California law prohibits modification of spousal support once it has accrued. Support has accrued once the date it is payable has passed.
There are some unusal circumstances under which the court could find that the obligation to pay support has been satisfied.
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