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  #1  
Old 10-21-2009, 04:02 PM
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Can Spousal Support be changed contrary to final divorce agreement


What is the name of your state (only U.S. law)? CA

Has had a reduction in income and is trying to get the child support lowered and stop paying spousal support.

He is trying to get out of spousal support on the grounds that I am living with my current partner and pregnant.

However, our divorce papers say that it can only be terminated due to my remarriage or death. There WAS a stipulation that stated "UNTIL FURTHER ORDER OF THE COURT"...but that was taken out and WAS NOT part of the final agreement.

It sounds to me that removing "UNTIL FURTHER ORDER OF THE COURT" eliminated his grounds to try to stop paying spousal support for any reason other than remarriage o death.

The self help center near me said that the judge would probably grant my ex's request, but I dont understand how since the final agreement is very specific. BUT, that was based on me accidentally taking an old copy of the agreement.

The final agreement states that the court's jurisdiction over the issue (spousal support) is terminated except for purposes of enforcing the order.

Can he get the spousal support changed or terminated under these grounds?

He has already taken the liberty of adjusting the spousal support anyway.
  #2  
Old 10-21-2009, 04:07 PM
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Join Date: Nov 2007
Posts: 8,451
not to be snippy, but everything is until further order of the court.

regardless if it is written in your court order or not. i'm almost positive your court transcripts have verbage to cover that issue.


and yes, it is possible to have it modified based on you living with your new bed buddy. especially here in Cali.

the modification on child support, depends on if his unemploymeen was voluntary or involuntary.
  #3  
Old 10-21-2009, 06:12 PM
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Join Date: Mar 2009
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Quote:
Originally Posted by socalbecky View Post
What is the name of your state (only U.S. law)? CA

Has had a reduction in income and is trying to get the child support lowered and stop paying spousal support.

He is trying to get out of spousal support on the grounds that I am living with my current partner and pregnant.
Is there a reason why your ex should be supporting you and your new partner?

Quote:
However, our divorce papers say that it can only be terminated due to my remarriage or death. There WAS a stipulation that stated "UNTIL FURTHER ORDER OF THE COURT"...but that was taken out and WAS NOT part of the final agreement.

It sounds to me that removing "UNTIL FURTHER ORDER OF THE COURT" eliminated his grounds to try to stop paying spousal support for any reason other than remarriage o death.

The self help center near me said that the judge would probably grant my ex's request, but I dont understand how since the final agreement is very specific. BUT, that was based on me accidentally taking an old copy of the agreement.

The final agreement states that the court's jurisdiction over the issue (spousal support) is terminated except for purposes of enforcing the order.

Can he get the spousal support changed or terminated under these grounds?

He has already taken the liberty of adjusting the spousal support anyway.
I can't imagine why he would want to go ahead and do that.
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