Alimony

[poser]

What is the name of your state? CA

Current husband was married 24 years. Ex-wife works but was granted alimony the rest of her life. We have been married 11 years and my husband is about to lose his job. Is there anyway of taking her back to court and elilminating the support. Kids are all grown and moved out. Even if he didn't lose job, what are chances of getting the ruling changed?

Originally Posted by poser

What is the name of your state? CA

Current husband was married 24 years. Ex-wife works but was granted alimony the rest of her life. We have been married 11 years and my husband is about to lose his job. Is there anyway of taking her back to court and elilminating the support. Kids are all grown and moved out. Even if he didn't lose job, what are chances of getting the ruling changed?

Yes, consult (free) with several attorneys and get their opinion. Compelling material changes must have taken place from the time the alimony was awarded. ("ABOUT" to lose his job is not one) (Ex won the 10 million dollar lottery is one)

Red flag any attorney who suggests you have an ironclad case.

Be cognizant that a judges discretionary order is VERY difficult to vacate.

If you lose, obey the judges orders and go on with life.

[nextwife]

Having lived in household in which our income situation changed, it DOES blow me away that a spouse who, if still in the marriage WOULD be impacted by their spouses changes in health, employment or fortune, is legally isolated from having such NORMAL life changes affect them. In REAL life and marriages, people DO lose their jobs, get ill, disabled, suffer catastrophies, etc.

I don't understand why ANYONE is guarantied a forever income for leaving a marriage, when they would NOT have been guarantied that forever income had they STAYED in that marriage.

You are unlikely to obtain any legal relief.

Originally Posted by nextwife

Having lived in household in which our income situation changed, it DOES blow me away that a spouse who, if still in the marriage WOULD be impacted by their spouses changes in health, employment or fortune, is legally isolated from having such NORMAL life changes affect them. In REAL life and marriages, people DO lose their jobs, get ill, disabled, suffer catastrophies, etc.

I don't understand why ANYONE is guarantied a forever income for leaving a marriage, when they would NOT have been guarantied that forever income had they STAYED in that marriage.

You are unlikely to obtain any legal relief.

Well put my dear....if we can get thru the political BS and back to reality....we face women who vote and men who do not....society gets what society wants....tell your sons to VOTE!!!

[BelizeBreeze]

Originally Posted by poser

What is the name of your state? CA

Current husband was married 24 years. Ex-wife works but was granted alimony the rest of her life. We have been married 11 years and my husband is about to lose his job. Is there anyway of taking her back to court and elilminating the support. Kids are all grown and moved out. Even if he didn't lose job, what are chances of getting the ruling changed?

Your husband has no grounds to have the alimony set aside. Unless there is specific language in the order or other statutory cites, he pays. Losing his job is NOT classified as a material change to affect the court order.

[I AM ALWAYS LIABLE]

Originally Posted by poser

What is the name of your state? CA

Current husband was married 24 years. Ex-wife works but was granted alimony the rest of her life. We have been married 11 years and my husband is about to lose his job. Is there anyway of taking her back to court and elilminating the support. Kids are all grown and moved out. Even if he didn't lose job, what are chances of getting the ruling changed?

My response:

And now, a word or two of real advice from an actual Family Law attorney - - me!

For spousal support modification purposes "practically everything which has a legitimate bearing upon the present and prospective matters relating to the lives of both parties." [Marriage of Morrison (1978) 20 Cal.3d 437, 454, 143 Cal.Rptr. 139, 151] And a "change of circumstances" includes all factors affecting need and ability to pay. [Marriage of McCann (1996) 41 Cal.App.4th 978, 982, 48 Cal.Rptr.2d 864, 865]

Where support is reduced because of the obligor's temporary unemployment, the court may make an order for the reduced amount, specifically stating the original amount will automatically be reinstated upon his or her reemployment. Such an order should be without prejudice to either party's seeking higher or lower support in the event the new employment justifies such a change. [Marriage of Laube, supra, 204 Cal.App.3d at 1227, 251 Cal.Rptr. at 748]

The virtue of this procedure is not only that it will eliminate the need for subsequent hearings in many instances, and thereby conserve judicial resources, but that it relieves the supported spouse of the burden of going forward and the burden of proof that the supporting spouse's ability to pay the amount of spousal support originally decreed has been restored, burdens it is ordinarily unfair to impose on that party. [Marriage of Laube, supra, 204 Cal.App.3d at 1227, 251 Cal.Rptr. at 748; see also Marriage of Meegan (1992) 11 Cal.App.4th 156, 160, 13 Cal.Rptr.2d 799, 800--order terminating support when obligor joined monastery also provided, "In the event (obligor) obtains employment the spousal support order . . . is reinstated upon (obligor's) receipt of a first paycheck, until a court of competent jurisdiction can evaluate the then existing financial situation in order to make a new order . . ."]

A retention of spousal support jurisdiction may effectively create an indefinite term support order. But because the court retains jurisdiction, it also has jurisdiction to modify or terminate the order upon a showing of "changed circumstances." [Ca Fam § 4336(c); see Marriage of Christie (1994) 28 Cal.App.4th 849, 858, 34 Cal.Rptr.2d 135, 139]

There is also authority to the effect that, notwithstanding a former "lengthy" marriage and the absence of factually changed circumstances, a postjudgment termination of spousal support may be appropriate if, after weighing the parties' then-existing circumstances and the Ca Fam § 4320 factors, the trial court otherwise finds it would be "just and equitable" to do so. [Marriage of Baker (1992) 3 Cal.App.4th 491, 494, 4 Cal.Rptr.2d 553, 554]

As in connection with an original support order after a "lengthy" marriage, a postjudgment termination after a former "lengthy" marriage will be tested under the Morrison standard: The court's order will be overturned as an abuse of discretion unless the record clearly indicates the supported spouse will be able to adequately meet his or her financial needs as of the fixed termination date. [Marriage of Christie, supra, 28 Cal.App.4th at 859, 34 Cal.Rptr.2d at 139 (former 13-year marriage where initial order terminated W's support upon either party's death, W's remarriage or "further order of the Court")--fact formerly unemployed, untrained W (supported spouse) had pursued education for a teaching career and expected to be credentialed and to obtain teaching job in less than 2 years, was "changed circumstance" providing substantial evidence she would be able to adequately meet her future financial needs at time specified for termination of spousal support in postjudgment modification proceeding]

There are numerous possible "changed circumstances" - - not merely on your husband's part. Certainly, this standard also applies to the supported spouses' current standard of living and ability to maintain that standard, or close to it, on her own.

The only real problem I'm having with the concept of reduction of spousal support in your husband's case is the reason why the court ordered it in the first place; i.e., Was it due to lack of education on her part, or was it some physical or mental disability, was there a huge disparity between his income and her income during their marriage, etc., etc.?


IAAL

Originally Posted by I AM ALWAYS LIABLE

My response:

And now, a word or two of real advice from an actual Family Law attorney - - me!

There are numerous possible "changed circumstances" - - not merely on your husband's part. Certainly, this standard also applies to the supported spouses' current standard of living and ability to maintain that standard, or close to it, on her own.

The only real problem I'm having with the concept of reduction of spousal support in your husband's case is the reason why the court ordered it in the first place; i.e., Was it due to lack of education on her part, or was it some physical or mental disability, was there a huge disparity between his income and her income during their marriage, etc., etc.?


IAAL

Whatever...i respect you as a lawyer trained in the USA....try to respect us lower people from the same place who know that marriage is the fianical bedrock of this country...people who know this; DON'T get married and people who have gone thru a divorce feel they SHOULD have known it in the first place...that's life and you pay....it's a big business and the house will not lose


sorry to mispell finanical big shot....what sanctions will you ask the judge to impose on me for that!!!

[LdiJ]

Originally Posted by jackedbyjudge

Whatever...i respect you as a lawyer trained in the USA....try to respect us lower people from the same place who know that marriage is the fianical bedrock of this country...people who know this; DON'T get married and people who have gone thru a divorce feel they SHOULD have known it in the first place...that's life and you pay....it's a big business and the house will not lose


sorry to mispell finanical big shot....what sanctions will you ask the judge to impose on me for that!!!

Jacked...why don't you simply tell your story...start your own thread. Maybe you would get some useful advice.

This is a site for legal advice. You are clearly someone who feels that they were hurt by the "system". However, you aren't giving any legal advice here....you are just using this site to "vent".

That doesn't help anyone else coming here.

[I AM ALWAYS LIABLE]

Originally Posted by jackedbyjudge

sorry to mispell finanical big shot....what sanctions will you ask the judge to impose on me for that!!!

My response:

You still misspelled it. You'll be leaving the forums soon. Thanks for stopping by.

IAAL

[BelizeBreeze]

Originally Posted by I AM ALWAYS LIABLE

My response:

You still misspelled it. You'll be leaving the forums soon. Thanks for stopping by.

IAAL

Yep, just like our little foul-mouthed brit Basil Brush. You should see what Mary wrote me about him...

Originally Posted by BelizeBreeze

Yep, just like our little foul-mouthed brit Basil Brush. You should see what Mary wrote me about him...

kick me out....i don't "conform" to your wishes....no problem....but i'll leave you with this....there are a 100 people for every word i've posted here....it's a matter of time before they show up

Originally Posted by jackedbyjudge

kick me out....i don't "conform" to your wishes....no problem....but i'll leave you with this....there are a 100 people for every word i've posted here....it's a matter of time before they show up

and by the way: i don't like you lawyers....and you know the reason why....you don't like to hear that do you????....so now boot me just like******************************************..

[LdiJ]

Originally Posted by jackedbyjudge

kick me out....i don't "conform" to your wishes....no problem....but i'll leave you with this....there are a 100 people for every word i've posted here....it's a matter of time before they show up

That doesn't change the fact that the point of this board is for people to receive LEGAL advice. You don't give legal advice....heck you haven't even told your own story here. You just want a place to vent....and that isn't what this board is for. In other words...you prove no help to anyone.

Originally Posted by jackedbyjudge

and by the way: i don't like you lawyers....and you know the reason why....you don't like to hear that do you????....so now boot me just like******************************************..

what happened??? oh no, i see the dollar signs in your eyes**************kick me out...kick me out....kick me out.....remember that song....turn me lose....turn me lose**************....

Originally Posted by LdiJ

That doesn't change the fact that the point of this board is for people to receive LEGAL advice. You don't give legal advice....heck you haven't even told your own story here. You just want a place to vent....and that isn't what this board is for. In other words...you prove no help to anyone.

be glad to tell my story babe......you willing to tell yours......check that, i already know...byeeeee