Husband's exwife remarried. What to do?

[seachild]

What is the name of your state? Californina

We just found out yesterday that my husband's exwife is remarried.

1. What are the steps we need to do to terminate?

2.Do we need prove that she is remarried?

3. And is the process fairly easy for us to do pro/per or should we retain someone?

4. Additionally, she has since become self sufficient and works full time. She has not disclosed her income completely.

5. Can we get compensated for the spousal support that we payed her that she was not entitled to?

[tigger22472]

Originally Posted by seachild

What is the name of your state? Californina

We just found out yesterday that my husband's exwife is remarried.

1. What are the steps we need to do to terminate?
*** 'We' don't do anything. the first step your husband needs to do is read his decree.

2.Do we need prove that she is remarried?
*** If your husband is wanting to use that to terminate alimony, he will either have to prove it or have a judge make her do so.

3. And is the process fairly easy for us to do pro/per or should we retain someone?
*** These things are always best handled by an attorney.

4. Additionally, she has since become self sufficient and works full time. She has not disclosed her income completely.

5. Can we get compensated for the spousal support that we payed her that she was not entitled to?

*** Again, it depends on what the decree says. If there isn't any provision that stops alimony for remarriage this is all moot anyways.

[seachild]

Originally Posted by tigger22472

*** Again, it depends on what the decree says. If there isn't any provision that stops alimony for remarriage this is all moot anyways.

Ok, well, I am at work right now. But I will have my husband read the decree. From what I can remember it just gave a time frame and didn't specify "until remarriage or death". I wouldn't swear to it though.

[tigger22472]

Originally Posted by seachild

Ok, well, I am at work right now. But I will have my husband read the decree. From what I can remember it just gave a time frame and didn't specify "until remarriage or death". I wouldn't swear to it though.

If it's simply a time frame with no provisions terminating it then her remarriage will not play a role in having it terminated.

[seachild]

Are all the people that give advise on these threads attorneys? Or are some just people sharing their own personal experience?

I do remember reading something in the decree that keeps the jurisdiction open to the court.

I also read that there is a support law that says that if the ex spouse is remarried and has a house, then it is not necessary for the husband to continue giving support.

Guess we will have to read what it says and decide from there.

[stealth2]

Originally Posted by now-hereman

And that would be rediculous to expect a former spouse to continue paying alimony after remarriage of the other.

If the alimony was ORDERED and not agreed to by both parties as part of some property division, I believe the paying spouse has recourse to bring the issue back to court no matter what the decree says or *does not say.

A judge can also ORDER spousal support as part of the property division (it does not have to be agree to by the parties). And in that case, the paying spouse would have no recourse.

[LdiJ]

Originally Posted by now-hereman

And that would be rediculous to expect a former spouse to continue paying alimony after remarriage of the other.

If the alimony was ORDERED and not agreed to by both parties as part of some property division, I believe the paying spouse has recourse to bring the issue back to court no matter what the decree says or *does not say. Remarriage IS a qualifying factor for termination of alimony. That is the LAW in my state and I believe EVERY state in the country.

* eg. if the receiving spouse dies, does the paying spouse contunue to pay if no provisions were spelled out in the order?? These judges like to play God and will do so if you let them.

Its not that way in every state...in many states the issue is ruled soley by the individual court orders.