Alimony Increase?

[Equishoe]

Hi, we live in California and my fiance is on his last year of child support. His youngest will be 18 in December and graduate (hopefully) high school next May/June. At that time his $500 a month CS stops and $250 a month spousal support kicks in for a six month period. They were married for 22yrs but this is all she asked for. My question is: Can she, at any time during the six months, petition the court for more or extended alimony? There is no "No Modification" restrictions in the divorce decree, only a statement that the court can adjust down the amount of alimony if she is financially secure while the alimony is being paid. Any thought or knowledge on this would be greatly appreciated. Ann

 

[Equishoe]

Hello

Doesn't anyone even have a guess?

 

[I AM ALWAYS LIABLE]

Hi, we live in California and my fiance is on his last year of child support. His youngest will be 18 in December and graduate (hopefully) high school next May/June. At that time his $500 a month CS stops and $250 a month spousal support kicks in for a six month period. They were married for 22yrs but this is all she asked for. My question is: Can she, at any time during the six months, petition the court for more or extended alimony? There is no "No Modification" restrictions in the divorce decree, only a statement that the court can adjust down the amount of alimony if she is financially secure while the alimony is being paid. Any thought or knowledge on this would be greatly appreciated. Ann

My response:

You answered your own question when you said - -

"There is no "No Modification" restrictions in the divorce decree, only a statement that the court can adjust down the amount of alimony if she is financially secure while the alimony is being paid."

So, I do not understand where your concerns are in this matter. Remember, a Marital Settlement Agreement, signed by the judge and the parties, is a "contractual agreement" between the parties. Therefore, a spousal support agreement or order may not be modified, revoked or terminated to the extent that the written agreement or oral agreement entered into in open court specifically provides spousal support, and is not subject to modification or termination. [Ca Fam §§ 3591(c), 3651(c)]

IAAL

 

[Equishoe]

Thanks

Thank you IAAL, that makes sense to me, but I always hear horror stories about men/women who go back to court and change everything. It seems that nothing is set in stone any more, and that agreements can be changed at a later date if one party decides that they acted to hastily and now want more. I will be glad when it is all over. Ann