Ex-Wife Living Like a Queen !!

[mukiman]

I'm in California and need to know what the courts base continued spousal support on??
I was married 161/2 years. when we divorced my wife was 38, healthy and had a vocational degree. It has since been 1/2 the length of the marriage (over 8 years) both of our kids are adults and my wife bought a 4 bedroom home and has 200,000 dollars equity in it, and just leased a new convertible BMW(at 650.00 a month) She is and has been employed since our divorce.
I do not live a lavish life and I am helping put my son through college.
But she wants the support to continue ! What does the court base the need for support on?? Isn't there a civil code stating that she is supposed to try to become self sufficient? She is living a life equal to that of when we were married.
Thanks for any help you can provide.
Muki

[LdiJ]

Originally Posted by mukiman

I'm in California and need to know what the courts base continued spousal support on??
I was married 161/2 years. when we divorced my wife was 38, healthy and had a vocational degree. It has since been 1/2 the length of the marriage (over 8 years) both of our kids are adults and my wife bought a 4 bedroom home and has 200,000 dollars equity in it, and just leased a new convertible BMW(at 650.00 a month) She is and has been employed since our divorce.
I do not live a lavish life and I am helping put my son through college.
But she wants the support to continue ! What does the court base the need for support on?? Isn't there a civil code stating that she is supposed to try to become self sufficient? She is living a life equal to that of when we were married.
Thanks for any help you can provide.
Muki

What do your court orders say regarding the end of alimony?

[mukiman]

Originally Posted by LdiJ

What do your court orders say regarding the end of alimony?

Or court order states that i shall pay my ex-wife until she remarries, dies or until further order of the court. But it also sites in the same clause some cival code that states she shall make every attempt to become self sufficient.
If you own your own home, drive a brand new convertible import, your employed and both kids are of age and working....does'nt that constitute self reliant?

[BethM]

or until further order of the court

This gives you the write to petition to courts to either reduce the alimony or stop it all together. Someone at the courthouse isn't keeping tabs on her and how she is living. They aren't going to notify you that you can stop paying alimony. For that to happen you have to go to court and make the court aware of the changes in her financial circumstances.

It is up to you to prove that she has become self-sufficient and no longer needs your monthly support. She sounds fairly self-reliant to me so I suggest you speak to a lawyer about petitioning for the alimony to end.

[ptownguy]

I have a very simular situation. I was married 16 years, paid Spousal support for 9 years, the ex has been cohabitating, living w/ boyfriend, "Johnny Love" for the last 3 years, then in Feb. they bought a house together.
I did some research on line; this is Calif. Family Law code
[url]www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=20[/url]

and for me it was the "cohabitation", and the length of SS that I was paying, (1/2 the term of the marriage, even though it is considered a long term Marriage)
I went here to download, and print up my own forms;
[url]http://www.courtinfo.ca.gov/selfhelp/family/support/supforms.htm#simplified[/url]

and filed form FL-390, and the financial forms as well. I did go to an attorney for advice to see if I had a case, and to have a Declaration typed up by her....VERY IMPORTANT this is (I think so anyway) vital to your case, it states to the judge just exactly what your case is based on, (she did a hell of a job, and even sited previous cal. law cases simular to mine, all for $300) if you see an atty. you should seek a FLAT fee for the advice, and Declartation.
Don't think this can not be done by yourself, I did mine, cost me about $40 for the filing fee, and $30 for the copies at the copy store! I go to court next month, I've feel confident, but we will see...
Heck, do your research! and do it well! Serve her with it, & file it with the court and see what happens, you have nothing to loose except for ss$$! right?

[djohnson]

It's an individual case by case basis. Sometimes it is awarded in leiu of something else you got in the divorce. Like half of pension, or the marital residence. Go talk to an attorney for sure, but have all the facts and not just your side.