dannysmyboy
Member
What is the name of your state? California.
My parents divorced in 1987 after 25 years marriage. In my mother's divorce papers it stated that she is to receive Family support for herself and my brother who was 13 at the time. Any modification is at the discretion of the cout. My brother is now an adult (34yrs old). My dad had kept paying the same amount all these years up until Jan 2004. He stopped paying altogether a few months ago. He's retired, although I do know he has at least 5 rental properties that he's netting $10,000 monthly income from that. He's got cars, boats, cash, etc..... He was paying my mother $5000 per month.
I understand that he can go and get his support payments modified, which he hasn't, and my mother can get it modified as well. My questions are:
An attorney friend of mine said that these days most judges don't allow "lifetime" support, until she dies or remarries...This person said that if my dad went to court to get the family support removed, he would win, cause he's been paying it for almost 20 years, with no modifiation downward when my brother turned 18. 1). Well, isn't that my dad's problem, that he never seeked a reduction/modification?? My parents were 50-something when they divorced. My parents are immigrants from Europe, so my mom/dad don't have any formal US education. My parents had a family business and my mother worked, worked, sweated and sweated to make it what was up until he sold it last year.
2.) Does my mother have any chance of being awarded the 2 years of arrears that my dad hasn't paid. 3). If her income is substantially less, are her chances good to get some monthly amount from him through the courts. Her only income is SSecurity and interest on savings totalling $1300 monthly. She's not asking for the same monthly amount, but wants a judge to decide what's fair.
Any inputs...thanks.
My parents divorced in 1987 after 25 years marriage. In my mother's divorce papers it stated that she is to receive Family support for herself and my brother who was 13 at the time. Any modification is at the discretion of the cout. My brother is now an adult (34yrs old). My dad had kept paying the same amount all these years up until Jan 2004. He stopped paying altogether a few months ago. He's retired, although I do know he has at least 5 rental properties that he's netting $10,000 monthly income from that. He's got cars, boats, cash, etc..... He was paying my mother $5000 per month.
I understand that he can go and get his support payments modified, which he hasn't, and my mother can get it modified as well. My questions are:
An attorney friend of mine said that these days most judges don't allow "lifetime" support, until she dies or remarries...This person said that if my dad went to court to get the family support removed, he would win, cause he's been paying it for almost 20 years, with no modifiation downward when my brother turned 18. 1). Well, isn't that my dad's problem, that he never seeked a reduction/modification?? My parents were 50-something when they divorced. My parents are immigrants from Europe, so my mom/dad don't have any formal US education. My parents had a family business and my mother worked, worked, sweated and sweated to make it what was up until he sold it last year.
2.) Does my mother have any chance of being awarded the 2 years of arrears that my dad hasn't paid. 3). If her income is substantially less, are her chances good to get some monthly amount from him through the courts. Her only income is SSecurity and interest on savings totalling $1300 monthly. She's not asking for the same monthly amount, but wants a judge to decide what's fair.
Any inputs...thanks.
