Spousal Support Question

[a.turek]

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

Married 21 years. the last 12 I worked secure, long term jobs to provide income and health benefits for the family while my ex husband was pursing various business ventures and odd jobs. He now has gone through training and is a truck driver.

I am on unemployment and would like to take this opportunity to go back school full time to change my career path. I do not have a car and will be moving to the city (higher cost of living) for school.

My Ex now owns 2 vehicles and a truck (18 wheel that he is financing for $180,000.00 his estimated gross earnings are 10,000. - 12,000. monthly.

I would like to modify my support from $73.00 mth (I was working at the time of settlement) to a higher amt so I can go to school. How should I best present this in court to obtain an increase in spousal support. Court is this week and I'm representing myself. Appreciate any help I can get. Thank you, Annette

[Blue Meanie]

Originally Posted by a.turek

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

Married 21 years. the last 12 I worked secure, long term jobs to provide income and health benefits for the family while my ex husband was pursing various business ventures and odd jobs. He now has gone through training and is a truck driver.

I am on unemployment and would like to take this opportunity to go back school fool time to change my career path. I do not have a car and will be moving to the city (higher cost of living) for school.

My Ex now owns 2 vehicles and a truck (18 wheel that he is financing for $180,000.00 his estimated gross earnings are 10,000. - 12,000. monthly.

I would like to modify my support from $73.00 mth (I was working at the time of settlement) to a higher amt so I can go to school. How should I best present this in court to obtain an increase in spousal support. Court is this week and I'm representing myself. Appreciate any help I can get. Thank you, Annette

Oh...Present just like you did here...Please come back and let us know how it worked out for you.

[CourtClerk]

Originally Posted by a.turek

I am on unemployment and would like to take this opportunity to go back school fool time to change my career path.

Freudian Slip....

[a.turek]

Thanks for bringing the error to my attention

[Blue Meanie]

How long have you been divorced? What does your decree state, word for word, regarding modification of support?

ETA: Delete your other thread.

[a.turek]

Divorced 10/10/2006. Court ordered temporary spousal support $73.00 per month beginning 8/01/06.

If I might add: ex husband refuses to pay the above alimony and has not paid since May 2008.

thank you for your reply..

[CourtClerk]

Originally Posted by Blue Meanie

How long have you been divorced? What does your decree state, word for word, regarding modification of support?

ETA: Delete your other thread.

Here is what the family code says (partially) about spousal support...

the court may advise the recipient of support that he or she should make reasonable efforts to assist in providing for his or her support needs, taking
into account the particular circumstances considered by the court
pursuant to Section 4320, unless, in the case of a marriage of long
duration as provided for in Section 4336, the court decides this
warning is inadvisable.

[Blue Meanie]

Originally Posted by a.turek

Divorced 10/10/2006. Court ordered temporary spousal support $73.00 per month beginning 8/01/06.

If I might add: ex husband refuses to pay the above alimony and has not paid since May 2008.

thank you for your reply..

Gee...Could you please answer all the questions I asked?? They are pertinent to a correct answer.

And while you are at it: How long is "temporary"?

[a.turek]

I plan to look for a part time job once I get settled. In the meantime, would a judge consider the increase so that I can attend school to change my career?

[CourtClerk]

Originally Posted by a.turek

I plan to look for a part time job once I get settled. In the meantime, would a judge consider the increase so that I can attend school to change my career?

If you were in my courtroom, the judge would deny this completely.... you can't choose not to work (or only work part time) and then decide your ex husband has to pay for it. Part of the code regarding spousal support is that YOU are to work towards supporting yourself, and not necessarily in your own time...

[Blue Meanie]

Originally Posted by a.turek

I plan to look for a part time job once I get settled. In the meantime, would a judge consider the increase so that I can attend school to change my career?

You really are just here to bust our chops...right??

Go find another forum to play games in.

[IrishLady47]

Originally Posted by a.turek

Divorced 10/10/2006. Court ordered temporary spousal support $73.00 per month beginning 8/01/06.

If I might add: ex husband refuses to pay the above alimony and has not paid since May 2008.

thank you for your reply..

So, he's not paying $73 now--but you want to go to court to modify for more?

Have you filed contempt charges on the non-payment?

[a.turek]

I do not know what contempt charges are; in my motion to modify support I also made note of his arrears in an attempt to collect on those. what are contempt charges and how would I file that??