Legal Question in Family Law in California

Re: Ex wife in prison

Yes, it is legal for your wife to receive spousal support.

You have a duty to continue making the payments until such time as the court makes an order that you don't need to. So, file an Order To Show Cause IMMEDIATELY. Tell the court in a sworn declaration about your wife's circumstances and request that support be reduced to zero. Do it now!

Regards,

Damian Nolan

Reply: Ex wife in prison

What works really well is to go back to court and ask the court to terminate or reduce the spousal support to zero because she has no need being that she is in prison.

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 by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Re: Ex wife in prison

It is legal for her to receive spousal support while in prison. She will continue to receive the spousal support until you file a motion, and get a court order setting support to $0.00. Therefore move quickly to modify spousal support. The day on which the motion is filed is the earliest date on which the court can modify support.

Re: Ex wife in prison

I agree with all of the other attorney responses. If you are in Southern California give me a call for a free consultation or check out my website at www.divorce-legal.net . If you retain my firm we can get the appropriate papers filed for you and seek an ex parte order to shorten time for a hearing on the issue.