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  #1  
Old 01-22-2003, 07:33 PM
MamaYogi
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spousal support


What is the name of your state? CA


if i'm not mistaken, spousal support is supposed to be 1/2 the yrs married. in my case 7yrs=3 1/2 yrs of payments
divorce final june 95. i received two checks in jan 96 and that was it. These checks did not even total the correct amt. My question: do i get back pay for those yrs? and can i raise child support or spousal support for him failing to commit to his obligation. yes he has a job, he's been a police officer for over 12 yrs now and I helped him through the academy.???
  #2  
Old 01-22-2003, 07:51 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: spousal support


Quote:
Originally posted by MamaYogi
What is the name of your state? CA


if i'm not mistaken, spousal support is supposed to be 1/2 the yrs married. in my case 7yrs=3 1/2 yrs of payments
divorce final june 95. i received two checks in jan 96 and that was it. These checks did not even total the correct amt. My question: do i get back pay for those yrs? and can i raise child support or spousal support for him failing to commit to his obligation. yes he has a job, he's been a police officer for over 12 yrs now and I helped him through the academy.???

My response:

If the court ordered that you were to receive a certain amount for "Spousal Support", and you haven't received your payments for the last 6.5 years, then it's too late now. The Statute of Limitations for you to take action, 4 years, has expired.

No, you cannot raise child support to make up for your failings in exercising your rights to go after him for another category of payments. It doesn't work that way.

IAAL
  #3  
Old 01-22-2003, 09:14 PM
MamaYogi
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reply on spousal support


thanks for answering my question. I had no idea of the statutes of limitations rule. my spousal support payments were to end in june 99 so because of the statutes of limitations rule and the agreement on the divorce papers isn't he obligated to pay back what he owes? just for those years? he tried to say that my spousal support was included w/ the child support payments i had been receiving, but that is a lie in itself because child support was short so he would be obligated for back pay, right? my alimony was short and my child support has been short(refer to my post on child support for more info as to why i want back pay and an increase on the child support) i go to court on the 4th and i could not afford a lawyer then and still can't now. please help answer my quest.
  #4  
Old 01-23-2003, 10:41 AM
cyana
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What part of IAAL's response did you not understand?
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