support payments

[sailor54]

What is the name of your state? CA and Wa. WE had divorce done in Wa State, I now reside in Ca. I agreed to make spousal support from an anuiity in my name , since agreeing I have become disabled and need that money to pay my mortgage. What would happen if I stopped payments to the ex?

[Blue Meanie]

Originally Posted by sailor54

What is the name of your state? CA and Wa. WE had divorce done in Wa State, I now reside in Ca. I agreed to make spousal support from an anuiity in my name , since agreeing I have become disabled and need that money to pay my mortgage. What would happen if I stopped payments to the ex?

You would be in contempt of court and subject to fines and or jail.

[Gracie3787]

Originally Posted by sailor54

What is the name of your state? CA and Wa. WE had divorce done in Wa State, I now reside in Ca. I agreed to make spousal support from an anuiity in my name , since agreeing I have become disabled and need that money to pay my mortgage. What would happen if I stopped payments to the ex?

Does your order specifically state that the alimony is NOT modifiable?

IF it doesn't, you can file for a modification. If you can prove your disability in court, you might be able to recieve a downward modification.

Not paying, and not doing anything about the situation will only land you in jail, as already adivsed.

[Bali Hai]

Originally Posted by Gracie3787

Does your order specifically state that the alimony is NOT modifiable?
IF it doesn't, you can file for a modification. If you can prove your disability in court, you might be able to recieve a downward modification.

Not paying, and not doing anything about the situation will only land you in jail, as already adivsed.

Of course the order is modifiable under certain circumstances prescribed by law.

If the judge got his/her teeth kicked out, would that modify their eating habits??

[IrishLady47]

Originally Posted by sailor54

What is the name of your state? CA and Wa. WE had divorce done in Wa State, I now reside in Ca. I agreed to make spousal support from an anuiity in my name , since agreeing I have become disabled and need that money to pay my mortgage. What would happen if I stopped payments to the ex?

You've been advised correctly about what might happen should you just discontinue payments (if SS is part of court order, not private agreement). And, you should be able to apply for modification of a support (if court ordered) since your ability to earn an income has changed unless your income earning ability was not a factor in determining spousal support.

You probably would have to apply in the WA court that has jurisdiction. Check with a local attorney (many have free consults), but you may have to hire a lawyer in WA to file or file pro se there.

I'm just wondering from the way you worded your post if what your ex receives from that annuity was a PROPERTY division, not SS. That woud greatly affect your chances of modifying it. I know that many of the soldiers I support have a % of their military retired pay awarded to ex-spouses as a PROPERTY division. Often, they view it a spousal support and want to have it stopped when their ex marries or financial circumstances change.

But, since it is a PROPERTY division, not spousal support, no change will be made.

I hope you are not confusing the two like others I've seen do. It is hard to say w/o knowing how your decree actually reads. Plus, you do not say it was a court order, you say you agreed to pay--was that agreement incorporated in the order?

Lots of variables here.

[paige1st]

you need to get an attorney and go back to court and get the order modified.