modification order

[rambolin]

HELP in California!!!!!

I was divorced in Nov. '93, after a 23 yr. marriage. She was 43yo at the time. I pay $1,100.00/mo., for life, in spousal support. I now earn about $65,000/year and plan on retirement in 2 years. The Court has reserved jurisdiction. There are no minor children. She has mortgaged the home she recieved as Community Property to buy new furniture and autos. There was no savings at the time of divorce, only 3 autos and 1 house. She received $7,000.00 more in property than I did. She was ordered to pay $100.00/ month+int. until it was paid off. She is $1,500.00 in arears. I have complied with all court orders (she hasn't). My ex works for just over minimum wage. She has quit jobs which would provide her more money. She has gone through two, court ordered, career analysis and has not cooperated (per the counselor) in attempting to do her best. She has harassed me constantly since the divorce. Harassing phone calls and keying my cars. I have filed police reports. Even having the D.A. file only to drop the case because, "There will be some divorced people on the jury. I can't win this case." I do not want to pay for my property being damaged. I have spent thousands in attorney fees, hers and mine. Has anyone heard of a "Stepdown Order"? She needs to be financially free and so do I. Can anyone suggest a course of action?

[Edited by rambolin on 12-10-2000 at 11:03 PM]

 

[I AM ALWAYS LIABLE]

HELP in California!!!!!

I was divorced in Nov. '93, after a 23 yr. marriage. She was 43yo at the time. I pay $1,100.00/mo., for life, in spousal support. I now earn about $65,000/year and plan on retirement in 2 years. The Court has reserved jurisdiction. There are no minor children. She has mortgaged the home she recieved as Community Property to buy new furniture and autos. There was no savings at the time of divorce, only 3 autos and 1 house. She received $7,000.00 more in property than I did. She was ordered to pay $100.00/ month+int. until it was paid off. She is $1,500.00 in arears. I have complied with all court orders (she hasn't). My ex works for just over minimum wage. She has quit jobs which would provide her more money. She has gone through two, court ordered, career analysis and has not cooperated (per the counselor) in attempting to do her best. She has harassed me constantly since the divorce. Harassing phone calls and keying my cars. I have filed police reports. Even having the D.A. file only to drop the case because, "There will be some divorced people on the jury. I can't win this case." I do not want to pay for my property being damaged. I have spent thousands in attorney fees, hers and mine. Has anyone heard of a "Stepdown Order"? She needs to be financially free and so do I. Can anyone suggest a course of action?

[Edited by rambolin on 12-10-2000 at 11:03 PM]

My response:

As with initial spousal support orders that are coupled with later step-down provisions, a modification that involves both an increase in an existing order and subsequent automatic step-downs is an abuse of discretion unless there is evidence in the record that the supported spouse will have a decreased need for support at the time of each scheduled step-down. [Marriage of Prietsch & Calhoun (1987) 190 Cal.App.3d 645, 656, 235 Cal.Rptr. 587, 590

Courts also have discretion to phase in a modification reducing support by ordering incremental step-downs. In this situation, it is not critical that there be evidence showing the supported spouse's needs will decrease on each step-down date provided the present changed circumstances justify an immediate reduction to the ultimate step-down amount and the court states that it is implementing the step-down schedule to ease the impact of the decrease on the supported spouse. [Marriage of Rising (1999) 76 Cal.App.4th 472, 479, 90 Cal.Rptr.2d 380, 385 (remanded because trial court's reasons for ordering phased-in reduction were unclear)]

Traditionally, although the passage of time may of course be connected with changed circumstances, it is not alone a sufficient basis for modification; i.e., it is the change in circumstances (job, income, health, age, etc.), and not the mere passage of time, that is material. [Marriage of Heistermann (1991) 234 Cal.App.3d 1195, 1202, 286 Cal.Rptr. 127, 132; Marriage of Gavron (1988) 203 Cal.App.3d 705, 710, 250 Cal.Rptr. 148, 151; Marriage of Wilson (1975) 51 Cal.App.3d 116, 119, 123 Cal.Rptr. 887, 888 (all cases dealing with request to terminate support on basis of passage of time)]

There may be a sufficient change of circumstances if your wife refuses to cooperate with the counselor. You'll need the counselors to testify, and then the court MAY consider her lack of cooperation as a sufficient change in the circumstances to order a "step-down".

Good luck.

IAAL