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Spouse receiving support gets a new job

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Rocky&Ed

Junior Member
What is the name of your state (only U.S. law)? California

I think this is a simple question, but I can't seem to find an answer. My divorce is final and the order is in place. I did have a vocational evaluation done that helped. My ex has more education than I, and she told me that she doesn't want to work again, ever, and I will be paying alimony forever (very close to her words). She now has a new job that I don't know anything about (pay, hours, even what she does); the information about that innocently came to me through my daughter. My question is, when she has changes of income like this, is she obligated to let me/my attorney know? My ex is not a nice person, and this was picked up almost immediately by my attorney. She was so disgusted by my ex and what she was doing that she didn't charge me (pro bono). In any case, my ex only responded about her new job because I called her about it. She says if I want to have access to her pay information, I would have to go through my attorney to request it. Is this right, or is she playing games with me?
Thank you in advance for any help!!!
 


adjusterjack

Senior Member
My question is, when she has changes of income like this, is she obligated to let me/my attorney know?

Sure.

But you gotta know that nothing bad is going to happen to her for not telling you. Now that you know, you get to file for a modification and move to make it retroactive to when she first got the job.

My ex is not a nice person, and this was picked up almost immediately by my attorney.

They're all "not a nice person." Can't imagine why you are surprised by it. Join the club.

In any case, my ex only responded about her new job because I called her about it. She says if I want to have access to her pay information, I would have to go through my attorney to request it. Is this right, or is she playing games with me?

Yes, it's not right.
Yes, she's playing games with you.
It's what hostile exes always do.

But the only way you can compel her to cooperate is to have a judge order her to cooperate under pain of contempt.

So you'd better just resign yourself to paying your lawyer to run this through court and hope a judge sees it your way.
 

Rocky&Ed

Junior Member
Thanks!

Thank you for the response. None of what you said was a surprise to me, so I guess I have a good idea what has happened and what I need to do. But I have to tell you, when I say she is 'not nice', I am really serious about that. I personally think she is a real psychopath. Didn't want to mince words this time. Helps me to vent to! :)
Thanks again for the response!
 

CTU

Meddlesome Priestess
Thank you for the response. None of what you said was a surprise to me, so I guess I have a good idea what has happened and what I need to do. But I have to tell you, when I say she is 'not nice', I am really serious about that. I personally think she is a real psychopath. Didn't want to mince words this time. Helps me to vent to! :)
Thanks again for the response!

Just make sure that her change in income will actually lower your obligation; depending on how your decree is worded, it might not change a thing.
 

adjusterjack

Senior Member
I have to tell you, when I say she is 'not nice', I am really serious about that. I personally think she is a real psychopath.

So was mine.

But that was 20 years ago and I've long since gotten over it, recovered from the ordeal and moved on.

Eventually, so will you.

Meantime, you've got my sympathy.
 

HRZ

Senior Member
PLug in your best guess as to her earnings into the CA math and make an estimate of possible impact on alimony or child support .

IF the rough numbers make any sense....go use counsel to sort it out .

MY guess is any adjustments are NOT retroactive ...so dont snooze if a revisit seems appropriate .
 

latigo

Senior Member
. . . . . Now that you know, you get to file for a modification and move to make it retroactive to when she first got the job. . . (?)

Lets see . . . because the poster's ex wife has found employment the poster can immediately file to have the decree modified to relieve him of the order to pay permanent alimony. Plus have the court order her to reimburse all spousal support received following the date of her employment.

Does that mean that if the ex wife is subsequently laid off, she can then in turn file "for re-modification" and restore the alimony retroactively? And if she is rehired, the poster can move to have the decree "re-re-modified", with the process to be repeated endlessly?

Or should we consider that none of us have read the decree, nor are we privy to the evidence produced at trial as it may have affected the judge's findings on the numerous factors enumerated by California law to be considered and weighed in awarding permanent spousal support? (Cal Family Code 4320)?

And that suggesting that the poster move to reopen the case and incur the legal costs (and possibly hers as well) is acting a might irresponsible?
 

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