Divorce Decree vs Hearing and After Hearing Order California

[Randall Somer]

California, I have been divorced for 13 years and my divorce decree of June 1991 states "No Spousal Support Ordered but Reserved", My ex-wife and I seperated for 4 months in Sep 1985 in which a Hearing and After Hearing ordered spousal support $370.00. After 4 months in 1985 we reconciled (Dec 1985) until Jun 1989 than sepeated until divorced Jun 1991. Now, Child Support Division of California is going after me for $159,797.10 arrears spousal support even though my ex-wife signed a statement stating she doesn't want spousal support. How can my Divorce Decree of 13 years not be valid to a Hearing and After Hearing order (seperation order) which is 20 years old. California Family Code Section 3602: Unless the order specifies otherwise, an order made pursuant to this chapter is not enforceable during any period in which the parties have reconciled and are living together. and California Family Code Secion 17404(d):
To the extent that the orders conflict, the court order last issued shall
supersede all other orders and be binding upon all parties in that action.
Help. I am not a rich... Source of California Family Codes: http://www.leginfo.ca.gov Thank you, [email protected]

 

[LdiJ]

California, I have been divorced for 13 years and my divorce decree of June 1991 states "No Spousal Support Ordered but Reserved", My ex-wife and I seperated for 4 months in Sep 1985 in which a Hearing and After Hearing ordered spousal support $370.00. After 4 months in 1985 we reconciled (Dec 1985) until Jun 1989 than sepeated until divorced Jun 1991. Now, Child Support Division of California is going after me for $159,797.10 arrears spousal support even though my ex-wife signed a statement stating she doesn't want spousal support. How can my Divorce Decree of 13 years not be valid to a Hearing and After Hearing order (seperation order) which is 20 years old. California Family Code Section 3602: Unless the order specifies otherwise, an order made pursuant to this chapter is not enforceable during any period in which the parties have reconciled and are living together. and California Family Code Secion 17404(d):
To the extent that the orders conflict, the court order last issued shall
supersede all other orders and be binding upon all parties in that action.
Help. I am not a rich... Source of California Family Codes: http://www.leginfo.ca.gov Thank you, [email protected]

If your ex wasn't the one who triggered them going after you for the spousal support and doesn't want spousal support then you should be able to get this resolved. It may take some hassle...and it probably would be best to have an attorney handle it (way too much money involved to risk handling it on your own in my opinion) however it should be able to be resolved.