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"Un-realized Expectation"

  • Thread starter Thread starter rnoonan
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rnoonan

Guest
What is the name of your state? CA

I was in a long term marriage (12years) in CA. My wife initiated the divorce and drafted the MSA. Because we both have similar educations, my only stipulations were; (1) no spousal support and (2)fair division of property. I signed the MSA based on those two stipulations. She received property and a cash settlement for the equity in our home ($72K). Because of career choice I make a six figure income, while my wife makes a $60K salary in the public sector. However, the MSA stated that we were both self supporting at separation and spousal support was not required. I took on the majority of debts, including a luxury car lease that I have little need for. Nevertheless, because of the long-term marriage, the courts reserved jurisdiction over spousal support.

17 months after our divorce was final, she is now asking for spousal support. We went to court and proved that there was not significant change in circumstances (she in fact makes more money than at the time of separation). However the judge said that there was an “un-realized” expectation because she had not bought a home and because of her spending habits (life style she was accustomed too) she was unable to buy a home. I have been order to pay 1K/month spousal support. I am barely able to pay my modest bills as it is, and now I will surely lose my car and possibly my home.

What good was the MSA? What are my options?
 
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VeronicaGia

Senior Member
You should never have done this without an attorney. Does the order at least say spousal support will end in one year, or when she remarries or cohabitates, or something about when it will end?
 
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rnoonan

Guest
I had an attorney to represent me regarding the spousal support. He and I were surprised by the unrealized expectation that the judge perceived.

I can not get over the fact that I have a signed MSA (contract) and it was drafted by my wife. There was no written expectation other than a fair division of property. There was no written expectation that she would live the same lifestyle or buy an equivalent home. Any ambiguity in the contract should go against the author.

Unrealized expectations are usually used when the is diminishing spousal support payments based on something happing in the future. Nothing like that was written into the contract (MSA).

Is anyone familiar with CA appeal process (how long) and what my chances of success are?
 

BelizeBreeze

Senior Member
Because of career choice I make a six figure income, while my wife makes a $60K salary in the public sector.

Sorry bubba, if you're not lying and you do make a six-figure income, then $1,000 a month won't put you in the dire straits you're complaining about. Tighten the belt or spend $1,000s more on an appeal which probably will only anger you ;)
 

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