Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Alimony & Spousal Support

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Closed Thread
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 02-02-2008, 11:26 AM
Junior Member
 
Join Date: Feb 2008
Posts: 11
Unhappy

Help!


What is the name of your state? Ca

I need help! After 18 years of marriage, my wife decided she wanted to divorce me. This was in 2000. She was awarded a third of my future earnings in alimony payments for life. I've been paying her for over 7 years now and never missed a payment. Now she says that what I pay her is not enough for her to maintain her standard of living and is now saying she wants to go back to court to get her alimony increased. I've been paying her $2500 a month since 2000. Does she have a case, or am I worried over nothing?
  #2  
Old 02-02-2008, 11:28 AM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Check with your lawyer but usually alimony payments are not modifiable.

Tell her to get a job.
__________________
There are two rules for success:

(1) Never tell everything you know.
  #3  
Old 02-02-2008, 11:33 AM
Member
 
Join Date: Jan 2008
Posts: 536
I know that Alimony is called "spousal support" but like child support isn't it to assist support and not thoroughly support? Also...I wouldn't mind knowing if you could get an atty. and re-visit a life long award anyway...This doesn't even sound right. Now she wants a raise as if a job???
Anyone?
  #4  
Old 02-02-2008, 11:35 AM
Senior Member
 
Join Date: Jul 2005
Location: Massachusetts
Posts: 14,047
Quote:
Originally Posted by Grandma's house View Post
I know that Alimony is called "spousal support" but like child support isn't it to assist support and not thoroughly support? Also...I wouldn't mind knowing if you could get an atty. and re-visit a life long award anyway...This doesn't even sound right. Now she wants a raise as if a job???
Anyone?
It's possible that his ex is disabled and that is the reason for the order. But unless is has a stip for modification I doubt she will be successful.
__________________
~A 8 a.m. bus-stop conversation~

"So Lil'Blue...Did you like the DVDs I got for you at the library?"
"Yes...I did!"
"Did you learn any interesting facts about the animals on the movie (Nation Geographic)?"
"Yes...I did learn interesting things!"
"Would you share with me an interesting fact?"
"Wellll....I learned that Naked Mole Rats are WICKED naked!"

~~~~~~~
  #5  
Old 02-02-2008, 11:38 AM
Member
 
Join Date: Jan 2008
Posts: 536
Well if not disabled and if not a modifiable thing (regarding the amount) then what does OP have to lose in calling her bluff to re-open the case and try to get this changed on his behalf? Life long alimony is so OLD school.
Any chance?
  #6  
Old 02-02-2008, 11:47 AM
Senior Member
 
Join Date: Jul 2005
Location: Massachusetts
Posts: 14,047
Quote:
Originally Posted by Grandma's house View Post
Well if not disabled and if not a modifiable thing (regarding the amount) then what does OP have to lose in calling her bluff to re-open the case and try to get this changed on his behalf? Life long alimony is so OLD school.
Any chance?
If the SS is not modifiable that would go both ways. He could have appealed the decision in 2000 but not now. I agree that SS is ridiculous for long term support. Unless of course there is a disability.
__________________
~A 8 a.m. bus-stop conversation~

"So Lil'Blue...Did you like the DVDs I got for you at the library?"
"Yes...I did!"
"Did you learn any interesting facts about the animals on the movie (Nation Geographic)?"
"Yes...I did learn interesting things!"
"Would you share with me an interesting fact?"
"Wellll....I learned that Naked Mole Rats are WICKED naked!"

~~~~~~~
  #7  
Old 02-02-2008, 11:54 AM
Member
 
Join Date: Jan 2008
Posts: 536
OP...either she put you through college, or got your busi. going really well and was part of it in HUGE way or you picked a really bad atty. Typically 1/2 the years of the marriage for alimony is about right and even then 7-10 yrs. max is what I have seen.
Give some specifics.

A "raise"? I am still shaking my head.
  #8  
Old 02-02-2008, 12:15 PM
Junior Member
 
Join Date: Feb 2008
Posts: 11
We were 22 when we were married shortly into it I did start up a business and she claims to have made a significant part in that. No, she isn't disabled but she says that because she was a homemaker during the marriage, I should be keeping her in the lifestyle she had become accustomed to. Hence the demand for more, she says that the cost of living has increased therfore her alimony payments should reflect that.
  #9  
Old 02-02-2008, 12:26 PM
Senior Member
 
Join Date: Jul 2005
Location: Massachusetts
Posts: 14,047
Quote:
Originally Posted by hurtman View Post
We were 22 when we were married shortly into it I did start up a business and she claims to have made a significant part in that. No, she isn't disabled but she says that because she was a homemaker during the marriage, I should be keeping her in the lifestyle she had become accustomed to. Hence the demand for more, she says that the cost of living has increased therfore her alimony payments should reflect that.
Does you decree allow for a modification?
__________________
~A 8 a.m. bus-stop conversation~

"So Lil'Blue...Did you like the DVDs I got for you at the library?"
"Yes...I did!"
"Did you learn any interesting facts about the animals on the movie (Nation Geographic)?"
"Yes...I did learn interesting things!"
"Would you share with me an interesting fact?"
"Wellll....I learned that Naked Mole Rats are WICKED naked!"

~~~~~~~
  #10  
Old 02-02-2008, 12:32 PM
Junior Member
 
Join Date: Feb 2008
Posts: 11
Yes it did, but silly me thinking that because her alimony is very generous at a third of what I earn and the fact that when I get a pay increase, she does, that she just wouldn't be able to get a bigger percentage. But most people, admittedly not legal experts, say she could very well have a good case.
  #11  
Old 02-02-2008, 12:34 PM
Member
 
Join Date: Jan 2008
Posts: 536
Change the name of the busi. become a corp. you become an employee and fire her...lol
Just had to say it...Could not help myself. The modification in the decree question is a biggee.
  #12  
Old 02-02-2008, 12:35 PM
Senior Member
 
Join Date: Apr 2007
Location: Sitting at the computer probably rolling my eyes at your post
Posts: 9,132
FYI... CA allows for lifetime support for long term marriages....

18 years certainly qualifies.
__________________
Someone else sees it too:
Quote:
Originally Posted by sandyclaus View Post
CourtClerk is right.
  #13  
Old 02-02-2008, 12:36 PM
Member
 
Join Date: Jan 2008
Posts: 536
A raise too?
  #14  
Old 02-02-2008, 12:46 PM
Junior Member
 
Join Date: Feb 2008
Posts: 11
You're right, it cetainly doesn't help that we're in CA. She says what I pay her is simply no longer enough. I'm 48 and its such a scary thought that unless she remarries I'll be paying her a large slice of my future earnings for the next 30 years or more. The kids will be up and out of the house in 5 years or so, so surely she can get at least a part-time job. Are there many cases of a judge cancelling a permanent alimony award? Or is it a case of once such an order is in place it can't be overturned?
  #15  
Old 02-02-2008, 01:15 PM
Senior Member
 
Join Date: Nov 2005
Posts: 4,251
Quote:
Originally Posted by hurtman View Post
What is the name of your state? Ca

I need help! After 18 years of marriage, my wife decided she wanted to divorce me. This was in 2000. She was awarded a third of my future earnings in alimony payments for life.

Must be nice to break a marriage contract and then expect a third of a persons earnings for life!! Some of these women have bigger brass balls than the men they are divorcing!!

I've been paying her for over 7 years now and never missed a payment. Now she says that what I pay her is not enough for her to maintain her standard of living and is now saying she wants to go back to court to get her alimony increased. I've been paying her $2500 a month since 2000. Does she have a case, or am I worried over nothing?
And now she's back wanting more booty from the contract that SHE broke.

And the sad part about this whole thing is the broke dick judge will probably give it to the idiot.

My advice is to tell her to go straight to the unemployment office and expect to pay your attorney fees if she decides to take her greed to court.
Closed Thread



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 09:58 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.