Legal Question in Family Law in California
x-husband filed for termination of spousal support
Married 1972-divorced 1992. I was awarded spousal support until death or remarriage. I have a chronic illness of MS that has many longterm complications including chronic fatigue, pain , lost of stamina , muscle weakness,clinical depression, just to name a few. I work parttime at the minimun amount of hrs in order to keep my health insurance. My income 2003 was $7000 excluding the spousal support of $500 a month. I do have a male companion for 5 years. We purchased a home together but we are not married.
My x-husband filed for termination of spousal support due to cohabitation. I was diagnosised with MS 1990. Started injectable meds 2000. My x-husband income is 100,000 yr and his new wife's income 60,000 yr. My male companions income 2003 28,000.
We had 2 children during our marriage now ages 22 and 28. My x-husband has 2 children from his 2nd marriage ages 9 and 10.
I received papers April 1 and court is scheduled for april 22nd. I live in Nevada and this court case is in Ca. I am going to have to use an attorney who serves low income clients. The reason for cohabitation is for survival. My question is: Do I have any chance of keeping my spousal support with the situation I just explained?
1 Answer from Attorneys
Reply: x-husband filed for termination of spousal support
In a general sence, under California law, your cohabitation creates a presumption of reduced need for spousal support, and you then have the burden of establishing the need to continue spousal support.
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 at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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