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How to fight spousal support

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Cowgirljo2269

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

My boyfriend has a court date for alimony (they didn't give him 30 days to respond) and we are not saying she doesn't deserve some alimony but how do we word the papers so that it's a low amount?
In the marriage (Married 10 years 3 months) she didn't work (even though the husband wanted her to and ended the marriage because she wouldn't) she was supposed to take care of the house and bills while he worked.
She did not do any of that though. The bills were always late, so they tacked on a lot of fees. The house went into default 5 times and he had to borrow from his 401K to catch up the payments because even though she wasn't paying the bills, the money was gone. So now his credit is a mess (low 500) and the house is in major repair due to her lack of attention to it.
He has benefits from his work but there are still medical bills due from her going to the Dr, she didn't pay those either.

So how do we word it? If alimony is granted we request it not to start for 2 months so we can pay the medical bills or if alimony is granted she is responsible for the bills??? I know we don't write it like that but that is what I am wanting to know.
And I have been reading that it's up to the judge to decide amount and length, how do we request that? They already went to court once (it got dismissed) and the wife cried the whole time and the judge seemed to have it out for the husband. I have written an attachment that divides the property but I don't know how to add the debit to it.

Thanks
 


Zigner

Senior Member, Non-Attorney
...we are not saying she doesn't deserve some alimony but how do we word the papers so that it's a low amount?...
Well it's good that you're not saying things like that.

You are a legal stranger. This is none of your business. Time for your bed-buddy to put on his big boy pants.
 

anearthw

Member
I think it is quite comical that you actually believe everything that your married boyfriend tells you. Maybe the judge is sympathetic because the judge has some common sense. The judge wasn't born yesterday, although you seem oblivious to the obvious tall tales. It appears your married boyfriend does not even know how to pick up a telephone and call a bank? You are being taken for a ride here if you actually believe his story.

There is no "we" here, it seems in rather poor taste for you to think you are a party to his alimony/divorce. Do him a favor and let him take care of his business for once. If he is so inept at such simple tasks as speaking to a bank or inspecting his own property, now would be a good time to learn.

I have no idea how old you are, but I'm quite surprised at the naivety.
 

Cowgirljo2269

Junior Member
I was hoping for some real help here not judgement about something you guys know nothing about. I was hoping to hear from a lawyer, I guess not.
 

Zigner

Senior Member, Non-Attorney
I was hoping for some real help here not judgement about something you guys know nothing about. I was hoping to hear from a lawyer, I guess not.
You got real help. The simple fact of the matter is that YOU don't have a dog in this fight.
 

Zigner

Senior Member, Non-Attorney
I can help a friend fill out the paperwork.
No, you can't (legally):


6125. No person shall practice law in California unless the person
is an active member of the State Bar.


6126. (a) Any person advertising or holding himself or herself out
as practicing or entitled to practice law or otherwise practicing law
who is not an active member of the State Bar, or otherwise
authorized pursuant to statute or court rule to practice law in this
state at the time of doing so, is guilty of a misdemeanor punishable
by up to one year in a county jail or by a fine of up to one thousand
dollars ($1,000), or by both that fine and imprisonment. Upon a
second or subsequent conviction, the person shall be confined in a
county jail for not less than 90 days, except in an unusual case
where the interests of justice would be served by imposition of a
lesser sentence or a fine. If the court imposes only a fine or a
sentence of less than 90 days for a second or subsequent conviction
under this subdivision, the court shall state the reasons for its
sentencing choice on the record.
 

Cowgirljo2269

Junior Member
No, you can't (legally):


6125. No person shall practice law in California unless the person
is an active member of the State Bar.


6126. (a) Any person advertising or holding himself or herself out
as practicing or entitled to practice law or otherwise practicing law
who is not an active member of the State Bar, or otherwise
authorized pursuant to statute or court rule to practice law in this
state at the time of doing so, is guilty of a misdemeanor punishable
by up to one year in a county jail or by a fine of up to one thousand
dollars ($1,000), or by both that fine and imprisonment. Upon a
second or subsequent conviction, the person shall be confined in a
county jail for not less than 90 days, except in an unusual case
where the interests of justice would be served by imposition of a
lesser sentence or a fine. If the court imposes only a fine or a
sentence of less than 90 days for a second or subsequent conviction
under this subdivision, the court shall state the reasons for its
sentencing choice on the record.
Read the first sentence, I am not doing that.
 

I'mTheFather

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

My boyfriend has a court date for alimony (they didn't give him 30 days to respond) and we are not saying she doesn't deserve some alimony but how do we word the papers so that it's a low amount?
In the marriage (Married 10 years 3 months) she didn't work (even though the husband wanted her to and ended the marriage because she wouldn't) she was supposed to take care of the house and bills while he worked.
She did not do any of that though. The bills were always late, so they tacked on a lot of fees. The house went into default 5 times and he had to borrow from his 401K to catch up the payments because even though she wasn't paying the bills, the money was gone. So now his credit is a mess (low 500) and the house is in major repair due to her lack of attention to it.
He has benefits from his work but there are still medical bills due from her going to the Dr, she didn't pay those either.

So how do we word it? If alimony is granted we request it not to start for 2 months so we can pay the medical bills or if alimony is granted she is responsible for the bills??? I know we don't write it like that but that is what I am wanting to know.
And I have been reading that it's up to the judge to decide amount and length, how do we request that? They already went to court once (it got dismissed) and the wife cried the whole time and the judge seemed to have it out for the husband. I have written an attachment that divides the property but I don't know how to add the debit to it.

Thanks
Q4P, just in case. (oops, forgot my acronyms!!!)


FYI, Cowgirl, Zigner has lots of friends!
 
Last edited:

anearthw

Member
It's not judgement, it's common sense. Common sense is that his story doesn't add up. If one spouse is given the task of handling the finances and they default the mortgage FIVE TIMES, how many mortgage defaults do you go through before you think "Gee... maybe I should start looking at a monthly bill?". How did the home go into serious disrepair as a result of a neglectful housewife? Is he blind?

It's absolutely absurd to think that this actually happened the way your married boyfriend claims it did. I'm not sure if you've ever been married or had a mortgage, but those red flags are smacking you upside the head and you are actually getting yourself in hot water here by skirting the law to help your "friend".

Seems like he found a gullible girl and is running with it.

RE :"How to fight spousal support"

Well, you don't have a spouse, so you don't need too!
 
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