Spousal Support Modification

[Jlynn06]

California

My boyfriend is currently attempting to change his spousal/child support. He was in the Navy for 8 years and just got out. He was married for 5 years and has been divorced for 2. January will mark the end of his spousal support payments (two and a half years). He has been paying $600 for Child Support and $600 for spousal support per month. He has been unemployed since June and we've been struggling to pay.

I was always shocked at the amount he had to pay but he just recently told me she was unemployed when they divorced so she needed more. However, she has had a job for almost 2 years. And a good job too! While they were married and he was over seas she went to school and graduated. My question is, did she have any legal responsibility to notify the courts that her financial situation changed or was it legal for her to collect two incomes?

Now that he is going through the modification because he no longer has that amount of money to pay, he's wondering if he is going to see any of that money again. Is that considered over payment or is it his fault for not getting a modification earlier?

 

[ecmst12]

This is absolutely positively NONE of your business.

 

[Jlynn06]

?

Well that was rude and a little uncalled for.

It is my business because he has made it my business and I am assisting him in his payments to her. If you read what I wrote, you would have realized that when I said WE are having a difficult time paying. We live together and share incomes. Just because I say 'boyfriend' doesn't define our level of commitment. Not everyone believes in marriage, with good reason.

 

[ecmst12]

You have no obligation to pay his ex a dime. And your level of committment has nothing to do with it, even if you were married it would STILL be none of your business. His ex, his child, his court order.

 

[mistoffolees]

Well that was rude and a little uncalled for.

It is my business because he has made it my business and I am assisting him in his payments to her. If you read what I wrote, you would have realized that when I said WE are having a difficult time paying. We live together and share incomes. Just because I say 'boyfriend' doesn't define our level of commitment. Not everyone believes in marriage, with good reason.

Well, that's all nice, but you're asking on a legal forum for a legal opinion of what's required. That means we're not interested in how you set up your household. We're only interested in the facts of the case. In order to get an answer, your husband needs to ask the questions for a number of reasons:

1. Legal matters depend entirely on the specific facts of the case. In 99% of cases, third parties do not have all the relevant facts. For example, do you have the exact wording of his divorce decree?

2. Third parties are not legally involved. Even if we gave you advice, there's not a blessed thing you can do about it legally. So why should the volunteers here waste their time giving advice that can't be followed?

It's not the least bit rude. It's simply a matter of volunteers spending their time answering questions that they choose to answer - and following forum rules.

 

[ecmst12]

And, it really bugs me when the new SO inserts themselves into legal matters that have nothing to do with them...ESPECIALLY when money is involved. If you don't want to pay your boyfriends debt, DON'T! And you shouldn't. But don't go running all over the internet complaining about it if you choose to.

 

[Jlynn06]

I'm not complaining about paying at all. We are just trying to figure out what the possible outcomes will be from filing the modification. I really don't understand why my question can't be answered. My relationship and involvement should be between me and my partner.

Yes, I have the divorce decree. If it was her responsibility to notify the courts when she got a job will it say it in there? I read over it but didn't see anything like that in it. I was thinking it would be more of a generalized thing for Spousal Support.

 

[Isis1]

I'm not complaining about paying at all. We are just trying to figure out what the possible outcomes will be from filing the modification. I really don't understand why my question can't be answered. My relationship and involvement should be between me and my partner.

Yes, I have the divorce decree. If it was her responsibility to notify the courts when she got a job will it say it in there? I read over it but didn't see anything like that in it. I was thinking it would be more of a generalized thing for Spousal Support.

if you already read it in there, then you should know. since it doesn't, no, then it's not. so no, you didn not hit a jackpot of overpayment. he is to pay until he is ordered.