• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Questions about Changing spousal support?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ptownguy

Junior Member
What is the name of your state?What is the name of your state? CA.

If I am going to request the court to change the spousal support currently payable by me the petitioner, can I also request the court to change the term, or length of spousal support, at the same time I file this FL-390 “Notice of Motion and Motion for Simplified Modification of Order for Spousal”? How would I go about doing this? My main request it to do away with spousal support, is based on the grounds of;

1) Opposite-sex cohabitation which I believe could be viewed as a presumptive material change of her financial circumstances, (The ex and her boyfriend have purchased a house together)
2) The ex and the boyfriend have presented themselves as married, (to get into one of the rentals they were renting, they stated they were married on the lease)
3) It states in my MSA that the ex is suppose to inform me of any change in employment, salary change, ect. and she has not done that for the last 5 years. ??? I don't know what if any this would help, but if it is in the Agreement, she should be required to be accountable to it??

What other kinds of Proof, supporting documents, evidence, would be required, helpful, in persuing this?

But if this does not fly with the court/judge, would I be able to pursue a termination date of support, since I am within 5 years of my retirement? (My ex already got half of that in the QUADRO? Agreement.) Some background; I presently have indefinite support, death or remarriage, or court order is the only way to change it.
 


Dude, let it go, why are you still seeking control over this woman. Maybe when you have another woman you should put in modification to pay more to her. Your married that woman, and with that you get all of the rewards when you or the both of you decide to back out of that contract, live with it until the time has expired and get on with your life and stop looking over the fence at hers.
 

ptownguy

Junior Member
Yea, right dude...

Nothing like a little sound advice from a respected member of the
Peanut Gallery. :rolleyes:
 

Terri7900

Junior Member
The cohabitation constitutes a change in circumstances.
Why should he have to keep paying spousal support? She has
another spouse to sponge off of now.
 

Tayla

Member
bulldogg70 said:
Dude, let it go, why are you still seeking control over this woman. Maybe when you have another woman you should put in modification to pay more to her. Your married that woman, and with that you get all of the rewards when you or the both of you decide to back out of that contract, live with it until the time has expired and get on with your life and stop looking over the fence at hers.
Sidebar to bulldogg70: Do humor my being by specifying how your response was a direct and accurate legal suggestion for the questions the poster parlayed.

To Ptownguy- Your questions are valid and I'm sure someone who is accustomed to California law and marital support will chime in with a worthwhile response.
 

nextwife

Senior Member
bulldogg70 said:
Dude, let it go, why are you still seeking control over this woman. Maybe when you have another woman you should put in modification to pay more to her. Your married that woman, and with that you get all of the rewards when you or the both of you decide to back out of that contract, live with it until the time has expired and get on with your life and stop looking over the fence at hers.
C'mon! His question has nothing to do with controlling ANYTHING EXCEPT where his MONEY goes. If his ex has a "de facto marriage" he's within his rights to seek an end to alimony. At some point in their lives, grown women need to stop expecting people to take care of them financially.
 

ptownguy

Junior Member
An Agreement IS an Agreement, isn't it?

I feel I have shouldered my part of this MSA, and have followed it to EVERY letter, and will continue to do so, until the court says other wise; but if the ex-wife cannot live up to her end, due to anything other than a medical problem, (I could see that as a hardship) I feel now that there are some different circumstances, (Financial, co-habitation) and think it is only FAIR that spousal support be discontinued, reduced, or some sort of termination date. What do you think? Am I being selfish? Self centered? I would hope any person who has every gone through this, and has a level head on their shoulders, would have the same thoughts, "An Agreement IS an Agreement"
 

Terri7900

Junior Member
I think you should take her back to court to try to eliminate the alimony
based on a change in circumstances.
 

Mars4Dude

Member
I Agree with you

undefinedWhile I totally agree with you, I don't know if the courts agree with you. If this is the case, the laws need to be changed. To quote another member here "Grown women should take care of themselves". I would say men too but Men never get support of any kind.... As one can tell, I am not an attorney. Just a citizen who thinks, "it doesn't pay to be married and our government is making sure of that."

ptownguy said:
I feel I have shouldered my part of this MSA, and have followed it to EVERY letter, and will continue to do so, until the court says other wise; but if the ex-wife cannot live up to her end, due to anything other than a medical problem, (I could see that as a hardship) I feel now that there are some different circumstances, (Financial, co-habitation) and think it is only FAIR that spousal support be discontinued, reduced, or some sort of termination date. What do you think? Am I being selfish? Self centered? I would hope any person who has every gone through this, and has a level head on their shoulders, would have the same thoughts, "An Agreement IS an Agreement"
 

rmet4nzkx

Senior Member
ptownguy said:
What is the name of your state?What is the name of your state? CA.

If I am going to request the court to change the spousal support currently payable by me the petitioner, can I also request the court to change the term, or length of spousal support, at the same time I file this FL-390 “Notice of Motion and Motion for Simplified Modification of Order for Spousal”? How would I go about doing this? My main request it to do away with spousal support, is based on the grounds of;

1) Opposite-sex cohabitation which I believe could be viewed as a presumptive material change of her financial circumstances, (The ex and her boyfriend have purchased a house together)
2) The ex and the boyfriend have presented themselves as married, (to get into one of the rentals they were renting, they stated they were married on the lease)
3) It states in my MSA that the ex is suppose to inform me of any change in employment, salary change, ect. and she has not done that for the last 5 years. ??? I don't know what if any this would help, but if it is in the Agreement, she should be required to be accountable to it??

What other kinds of Proof, supporting documents, evidence, would be required, helpful, in persuing this?

But if this does not fly with the court/judge, would I be able to pursue a termination date of support, since I am within 5 years of my retirement? (My ex already got half of that in the QUADRO? Agreement.) Some background; I presently have indefinite support, death or remarriage, or court order is the only way to change it.
1. just because she is paying a mortgage instead of rent doesn't necesarly mean there is a change in circumstances, they are not married.
2. California doesn't recognize common law marriage so this is not gorunds.
3. You might get the court to compel her to disclose this information, however it may not be enough to stop spousal support.
There is somehting more if she is getting spousal support.
 

rmet4nzkx

Senior Member
Mars4Dude said:
undefinedWhile I totally agree with you, I don't know if the courts agree with you. If this is the case, the laws need to be changed. To quote another member here "Grown women should take care of themselves". I would say men too but Men never get support of any kind.... As one can tell, I am not an attorney. Just a citizen who thinks, "it doesn't pay to be married and our government is making sure of that."
You are new here, please understand this is a forum for legal advice, not a support group or venting site. If you can add state appropriate information that is one thing, perhaps while you are new here, it is the time to sit back and learn.
 

Tayla

Member
Freedom of speech is recognized by the US constitution. That would also encompass state law. So welcome to the newcomer!
 

LdiJ

Senior Member
Tayla said:
Freedom of speech is recognized by the US constitution. That would also encompass state law. So welcome to the newcomer!
Freedom of speech is a given....giving your personal opinion when a poster is expecting legal advice is irresponsible....at least without qualifying it as a personal opinion. As others have said, this isn't a support group, its a legal advice board. Many people here do delve into personal opinion, however the responsible ones make it clear that they are doing that.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top