spousal support

[Beezmom]

What is the name of your state? California
My husbands first marriage was for 16 years. The court left the order for spousal support "open to the jurisdiction of the court" He is wondering at what point would it be likely that the court may agree to terminate her support? She does work full time and has one 16 year old daughter living at home still receiving child support(until 18) but has never opted to go to school or do anything to increase her earning potential. She was 38 at the time of the divorce, in good health and had worked briefly when they were first married. It has been 5 years since the divorce was final. Is there a prudent time to go back and ask the court to terminate the support?

 

[vrzirn]

Yesterday!
As long as the alimony was indefinite there was no incentive to making herself self-supporting. She could stay home, take care of her daughter, play tennis and not have to worry about feeding his passion or his face.
It is long past time to give her a push. The judge may give her a few more years but you will know an end is in sight. If he orders more than that, you will have to learn how to play ,"hardball".

 

[Beezmom]

Thank you for the answer to our "spousal support" question.
Can you elaborate a little on what a judge may be taking into account in determining when support shall terminate? Also, what is meant by playing "hardball" What kinds of things might this include?... Thanks again.

 

[grandpabri]

Thank you for the answer to our "spousal support" question.
Can you elaborate a little on what a judge may be taking into account in determining when support shall terminate? Also, what is meant by playing "hardball" What kinds of things might this include?... Thanks again.

Go to www.leginfo.ca.gov and look up family code section 4320-4325. Happy reading!!!

 

[vrzirn]

Read the thread in this forum started 6/22 by Hanah2395-Spousal Support for How Long?

 

[Beezmom]

I did read this thread when I first discovered this site. It was very informative. It seems like the courts want women to become self sufficient asap BUT when you get into court the ex always has the total hardship story! We are'nt sure which way is cheaper just paying her for a few more years or fighting to have it terminated? Perhaps it would be best to wait at least half th length of the marriage just to be safe. What if she has purchased a home and put herself in her own financial hardship?

 

[vrzirn]

Go to court and ask for a limit. Go now! A definite and reasonable time limit will remove a huge emotional burden, If you think it is too long and wish to make her life miserable to the point of forcing an earlier settlement you can began a pattern of delays and appeals. (The check is in the mail) You have to be really strong to conduct this psychological attack. It really is war.

 

[Beezmom]

Thank you again for the prompt response. May I ask one more question.
If the ex-wife goes out and buys herself a 4 bedroom home, can she now go back to court and claim financial hardship because she can't pay the bills without her spousal support? We thought since both of the kids are older (one18 and away for the summer and out of high school (the other 16) that she would have bought something a little more affordable and practical for a single income.

 

[vrzirn]

She can claim anything she wants. I would guess she got the mortgage based on her unlimited alimony income. Maybe she will find a rich 'live-in" to help with the payments. Let her take in boarders. None of that is your business.
Your business is only to get the mill-stone off your neck. The sooner you start, the better.

 

[Beezmom]

Thanks again for the response!
You have been very helpful and encouraging.
Beez

 

[grandpabri]

In California, a marriage over 10 years is considered long term. That makes it a whole different ball game. Here is the Family Code section on that.

4336. (a) Except on written agreement of the parties to the
contrary or a court order terminating spousal support, the court
retains jurisdiction indefinitely in a proceeding for dissolution of
marriage or for legal separation of the parties where the marriage is
of long duration.
(b) For the purpose of retaining jurisdiction, there is a
presumption affecting the burden of producing evidence that a
marriage of 10 years or more, from the date of marriage to the date
of separation, is a marriage of long duration. However, the court
may consider periods of separation during the marriage in determining
whether the marriage is in fact of long duration. Nothing in this
subdivision precludes a court from determining that a marriage of
less than 10 years is a marriage of long duration.
(c) Nothing in this section limits the court's discretion to
terminate spousal support in later proceedings on a showing of
changed circumstances.
(d) This section applies to the following:
(1) A proceeding filed on or after January 1, 1988.
(2) A proceeding pending on January 1, 1988, in which the court
has not entered a permanent spousal support order or in which the
court order is subject to modification.

The court has the right to retain jurisdiction and hold spousal support over your head for the rest of your life. Time to get a good lawyer.

There is also a guy over on the divorcenet board, L'Advocet Virtual, who was able to terminate this. May want to mosey over there and ask him about this. He hangs out in the California boards.

Good Luck

 

[Beezmom]

!

Thanks for the response! Now your scaring us! Spousal support forever.....? Say it isn't so. Doesn't the court want a woman to become self sufficient? . Otherwise what would be a womans incentive to ever go back to work or seek a decent job?
Thanks for the help.

 

[vrzirn]

You should be scared. That is why I told you about learning to play "hardball". More than a few late mortgage payments and dunning collectors will prompt a cash-out settlement. Be prepared for possible contempt citations, continuous appeals from the rulings and many court appearances. You need a tough attorney.
On the other hand, you may get a sensible judge who will give her just a few more years. You can live with that, knowing it will eventually be over.
This should be a warning to all who contemplate marriage with someone whose prior divorce has unlimited alimony terms attached.

 

[Beezmom]

Point WELL taken. When looking for a "tough lawyer" what does one take into consideration? There are a million lawyers out there who ALL claim to be the best!?
Any suugestions?"

 

[vrzirn]

First, try the attorney who handled the divorce originally. If he is not interested ask him for a referral. Explain exactly what you wish to do.