Can Ex increase Alimony?

[Equishoe]

Hi, I live in Northern California, my fiance now pays $500 a month for last remaining child living w/ex. Child is 17.3 yrs. he is a junior in high school and will graduate june 2003. $500 a month support will stop at that time and Fiance will then start paying $250 in alimony for a 6 month period. She also gets half of his retirement. She did not work during their 21 yr marriage and now works parttime with low wage. My question is: Could Ex ask for more alimony at any time? Once married could she use our combined salary to base a claim on. We plan on waiting to marry until he is done paying for both child support and alimony, but if she asks that the spousal support be continued we may go ahead and marry anyway. If this were the case, could she use my salary to ask for increased alimony? If alimony isn't continued after the 6 month period and we married could she then ask for alimony again.

I know that by CA law she is entitled to alimony for half of the marriages life (10.5 yr). Does she have this time period to re-request alimony? For th past 3 years she has been very agreeable and we all get along well. It was her idea to end the marriage to this man, but I keep waiting for the other shoe to drop? Thanks in advance. Ann

 

[neverendit]

Child support/Alimony

Hi,

I'm no attorney, but rather a recent "victim" of the divorce system. What I've learned, and believe to be true it that child support is fairly black and white, calculated on the disso master fomula based on each parties income, tax situation (mortgages, etc) and child care costs. There apprears to be precident for requiring a mimimum wage at a full time position for the purpose of calculating support for either party, assuming there are no physical limitations to working. Even higher incomes are imputed if that wage capacity can be proven. Alimony on the other hand, seems to be an area where judges are given a wider area of discretion, sometimes considering other factors, including length of the marriage, standard of living, tax situation and income. However, it would surprise me if your income was considered for calculation of alimony.