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Changing family support to only child support

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CandaceR

Junior Member
What is the name of your state (only U.S. law)? California
My husband is still paying the spousal support amount for the family support order that was put in place after his divorce. It (the spousal amount) was to last for 4 years, but he has been paying for an additional 4 years. She refuses to meet with the mediator to go over making the change to child support only, and has done little to nothing to become self-sustainable. She has a job 11 hours a week under the table (she claims), but refuses to show anything for it. She has refused any sort of renegotiation from him (he is offering to decrease the payment by much less than if they went to court) and claims that he has to support her forever. Their marriage was 8 years. She added to the order, in handwriting on the final order, that it will conclude until such a time as it is deemed necessary to change- AFTER the mediator had signed off on the order, and the mediator did not see or approve this addition. So, it was filed with this handwritten caveat. So, because of this, is there no true end date? She claims she will not, and does not have to, get a job and that if he changes it she will move them from their house as she will be forced to sell it (which he gave her so the kids would be able to stay in their home) in to a bad part of town (since that is all she claims that is all she will be able to afford) and change their schools. He honestly believes that she will not step up and take care of herself, and does not want the kids to suffer so he continues to pay. He is unsure of what his choices are, he feels he cannot force her to become self reliant but wants to end the alimony part. I looked over the paperwork and I don't see any mention of the Gavron Warning in their order, I don't even know if it would have been documented and he is unsure if it was given verbally. My question is- what are his choices at this point? Will a judge allow the order to continue as is, or would he reduce it to child support only and order that she has to become self reliable within a certain amount of time? We don't want the children to suffer over there, as she is threatening will happen. We are struggling to keep our family afloat (his kids and mine) in our own home, while he supports her 100% and she refuses to work. What is the likelihood that a court would take all of this into consideration and allow the alimony part to dissolve, even if it were in increments over a period of time while she gets herself stable?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California
My husband is still paying the spousal support amount for the family support order that was put in place after his divorce. It (the spousal amount) was to last for 4 years, but he has been paying for an additional 4 years. She refuses to meet with the mediator to go over making the change to child support only, and has done little to nothing to become self-sustainable. She has a job 11 hours a week under the table (she claims), but refuses to show anything for it. She has refused any sort of renegotiation from him (he is offering to decrease the payment by much less than if they went to court) and claims that he has to support her forever. Their marriage was 8 years. She added to the order, in handwriting on the final order, that it will conclude until such a time as it is deemed necessary to change- AFTER the mediator had signed off on the order, and the mediator did not see or approve this addition. So, it was filed with this handwritten caveat. So, because of this, is there no true end date? She claims she will not, and does not have to, get a job and that if he changes it she will move them from their house as she will be forced to sell it (which he gave her so the kids would be able to stay in their home) in to a bad part of town (since that is all she claims that is all she will be able to afford) and change their schools. He honestly believes that she will not step up and take care of herself, and does not want the kids to suffer so he continues to pay. He is unsure of what his choices are, he feels he cannot force her to become self reliant but wants to end the alimony part. I looked over the paperwork and I don't see any mention of the Gavron Warning in their order, I don't even know if it would have been documented and he is unsure if it was given verbally. My question is- what are his choices at this point? Will a judge allow the order to continue as is, or would he reduce it to child support only and order that she has to become self reliable within a certain amount of time? We don't want the children to suffer over there, as she is threatening will happen. We are struggling to keep our family afloat (his kids and mine) in our own home, while he supports her 100% and she refuses to work. What is the likelihood that a court would take all of this into consideration and allow the alimony part to dissolve, even if it were in increments over a period of time while she gets herself stable?

Please have one of the legally involved parties log on to ask their own questions. They often have answers to questions that third parties simply do not. Thank you in advance for your gracious understanding and cooperation.
 

CandaceR

Junior Member
I understand, I was just looking for someone to ask because I don't think it is bad as he thinks it will be. Just because he is the dad does not mean that the court will not side with him. I will send him the link to this site, as it seems to be very useful, and have him post. Thank you
 

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