Mom forcing dad to pay spousal support?

[MouseClick]

What is the name of your state (only U.S. law)? California

My parents were separated for a little over 10 years now. They finally got a divorce just this past December. My dad had gotten remarried before the divorce papers were filed.

So now, my mom is telling my dad that he has to pay her $150 a month till her school loans (which don't even exist) are paid. She told him if he doesn't she will report him to the police for getting remarried before getting divorced, and for using his new wife's insurance to pay for his medical bills. This was a deal they set up on the side. None of it was court ordered.

My dad is receiving disability, and my mom can work but just won't hold a job. She was fired from her last job for not showing up, and fired from her previous job for time clock fraud.

What I want to know is. Is she entitled to spousal support? Also, isn't what she's doing to my dad considered blackmail?

 

[TheGeekess]

What is the name of your state (only U.S. law)? California

My parents were separated for a little over 10 years now. They finally got a divorce just this past December. My dad had gotten remarried before the divorce papers were filed.

So now, my mom is telling my dad that he has to pay her $150 a month till her school loans (which don't even exist) are paid. She told him if he doesn't she will report him to the police for getting remarried before getting divorced, and for using his new wife's insurance to pay for his medical bills. This was a deal they set up on the side. None of it was court ordered.

My dad is receiving disability, and my mom can work but just won't hold a job. She was fired from her last job for not showing up, and fired from her previous job for time clock fraud.

What I want to know is. Is she entitled to spousal support? Also, isn't what she's doing to my dad considered blackmail?

What your dad did was illegal, and his marriage is null. He was not free to marry until after the divorce was final. Your dad defrauded the insurance company.

 

[mistoffolees]

What your dad did was illegal, and his marriage is null. He was not free to marry until after the divorce was final. Your dad defrauded the insurance company.

Agreed. And the fact that he remained married for 10 years after leaving his wife means that there's a much greater risk of alimony.

However, MouseClick, my advice to you is to stay out of it. It doesn't concern you and meddling is likely to come back and bite you. Let your parents work out their own problems.

 

[davew128]

Nobody addressed the question OP, but yes what your mother is doing is blackmail and she could get into a lot of trouble if your dad goes to the authorities with it, which of course isn't in his best interests either.

 

[Bali Hai]

Agreed. And the fact that he remained married for 10 years after leaving his wife means that there's a much greater risk of alimony.

However, MouseClick, my advice to you is to stay out of it. It doesn't concern you and meddling is likely to come back and bite you. Let your parents work out their own problems.

He is divorced now. Are you saying the ex-wife can re-open the divorce and get alimony?

 

[Ohiogal]

This OP says the divorce papers were FILED in December. it doesn't say that the divorce was granted yet.

 

[Bali Hai]

This OP says the divorce papers were FILED in December. it doesn't say that the divorce was granted yet.

My parents were separated for a little over 10 years now. They finally got a divorce just this past December. My dad had gotten remarried before the divorce papers were filed.

 

[mistoffolees]

My parents were separated for a little over 10 years now. They finally got a divorce just this past December. My dad had gotten remarried before the divorce papers were filed.

That appears to be correct (although since OP is not involved, I wouldn't rule out the possibility that s/he is in error on the dates).

If the divorce truly was final in December, it is extremely unlikely that the court will allow Mom to file for support now. In some states, it is possible to get alimony after the fact, but that would typically require a change of circumstances. And I haven't checked to see if it's even possible in OP's state because it's none of his/her business.

 

[Bali Hai]

That appears to be correct (although since OP is not involved, I wouldn't rule out the possibility that s/he is in error on the dates).

S/he sounded pretty accurate to me.

If the divorce truly was final in December, it is extremely unlikely that the court will allow Mom to file for support now. In some states, it is possible to get alimony after the fact, but that would typically require a change of circumstances. And I haven't checked to see if it's even possible in OP's state because it's none of his/her business.

I don't agree with the bolded at all, unless there is it's stipulated in the decree.

 

[Ohiogal]

I don't agree with the bolded at all, unless there is it's stipulated in the decree.

I believe California is one of those states that allows for it per statute. I also read the third sentence and combined the second and third into believing that the papers were only filed in December. Sorry for my confusion.

 

[Antigone*]

I believe California is one of those states that allows for it per statute. I also read the third sentence and combined the second and third into believing that the papers were only filed in December. Sorry for my confusion.

No apology needed, OG. We are getting information from a kid. This kid has no actual knowledge of mom & dad's divorce as this is none of the child's business.

The best advice he/she received here is this:

However, MouseClick, my advice to you is to stay out of it. It doesn't concern you and meddling is likely to come back and bite you. Let your parents work out their own problems.

 

[Bali Hai]

No apology needed, OG. We are getting information from a kid. This kid has no actual knowledge of mom & dad's divorce as this is none of the child's business.

The best advice he/she received here is this:

Oh pooh! You don't know OP's age, you're guessing. I happen to believe OP's questions generate useful discussion for others to learn from so they don't end up conflicting wishful thinking and reality.

 

[Bali Hai]

I believe California is one of those states that allows for it per statute. I also read the third sentence and combined the second and third into believing that the papers were only filed in December. Sorry for my confusion.

Two CA residents each earning $100k, divorce after 11 years, no alimony asked for, no alimony mentioned in the final judgement.

A year later, the ex-husband becomes a severely disabled, has no job and no assets.

Ex-husband sues ex-wife and has a chance of being awarded alimony?

 

[Ohiogal]

Two CA residents each earning $100k, divorce after 11 years, no alimony asked for, no alimony mentioned in the final judgement.

A year later, the ex-husband becomes a severely disabled, has no job and no assets.

Ex-husband sues ex-wife and has a chance of being awarded alimony?

Maybe. I believe CourtClerk has stated that alimony is able to be modified per statute. I don't practice in CA.

Do I think that is fair? No. But that is not a legal opinion.

 

[mistoffolees]

Two CA residents each earning $100k, divorce after 11 years, no alimony asked for, no alimony mentioned in the final judgement.

A year later, the ex-husband becomes a severely disabled, has no job and no assets.

Ex-husband sues ex-wife and has a chance of being awarded alimony?

Yes:
Raise Raise Spousal Support or Lower Spousal Support (Alimony) - California Law From Kinsey Law Offices

Spousal support awards and agreements, temporary as well as "permanent," are modifiable throughout the support period except as to amounts accrued prior to filing of application for modification and except as otherwise provided by agreement of the parties.

However, keep in mind that it works both ways. If husband is ordered to pay wife alimony and then wife marries (or even shacks up with) some rich dude, husband can petition court for alimony to be terminated. Or if wife lands a high paying job, that may be sufficient change in circumstances to terminate alimony.