Any loopholes?? A Spousal Support ??

[Hawki47]

I have been divorced for 4 years...paying SS for 5. We agreed on a 10 years length (due to a 20 year marriage). For the sake of expediency and to try and protect myself from future increases...I agreed to $300.00 per month SS nonmodifable. FF these 4 years and I have been laid off from my $80,000 a year job AND I have a spinal injury that limits my work abilities (fully documented and I am to have surgery this year). I now work at a desk job making about 1/3 of what I used to make AND she makes about $5000.00 a year MORE then I do. I also have a 3 year old son with my wife to support (yes she works also). My CS and SS combined take over 1/2 my net pay. Are there ANY loopholes at all to try and have SS reduced OR eliminated due to disablility or for ANY reason? Please any help you can give me would be invaluable.

Hawki

 

[I AM ALWAYS LIABLE]

My response:

A spousal support agreement or order may not be modified, revoked or terminated to the extent a written agreement or oral agreement entered into in open court specifically provides spousal support is not subject to modification or termination. [Ca Fam §§ 3591(c), 3651(c)] A spousal support order may not be modified or terminated to the extent the parties' written agreement or, if no written agreement, their oral agreement entered into in open court, expressly provides spousal support is not subject to modification or termination. [Ca Fam § 3651(d); Marriage of Sherman (1984) 162 Cal.App.3d 1132, 1138-1140, 208 Cal.Rptr. 832, 835-836--no modification where underlying agreement merged in judgment contained nonmodifiability provision; see Marriage of Rabkin (1986) 179 Cal.App.3d 1071, 1081, 225 Cal.Rptr. 219, 224-225]

IAAL

 

[Hawki47]

That's what I thought...If she would by some MIRACLE agree to waive the balance of what I owed her (yeah right), would that be possible? Thank you for your time.

Hawki