fightergirl
Junior Member
What is the name of your state?
CA
MY ex and I have been divorced for 3 years and had been married for 10 years. We have two children. We had a marital agreement for child support and spousal support, but he went back in Dec. and got the child support lowered due to a job change in which he was making less. During that hearing, he requested the judge eliminate my spousal support. The spousal was also agreed on by myelf and the ex and according to our marital stipulation agreement, is supposed to continue for 3 more years. The judge told him since he signed the agreement, he wasn't going to touch alimony.
The ex went and filed another OSC with the same request to eliminate spousal using the argument that I have a degree. Even though I'm not working right now, the judge suspended my alimony. The judge went ahead and did this even though in Dec. he said he would NOT touch alimony since my ex signed a marital stipulation, thus making an agreement with me. Even though I brought this to the judge's attention, he would not listen to me. He told me that he must have been wrong if he indeed tell me he wouldn't touch my alimony. He did. What is the clerk that types the notes? Transcriptionist? Whatever her title, wouldn't she have typed up his promise at the OSC in Dec.??
What do I do now, guys? I have been reprsenting myself which was a big mistake as my ex has taken advantage of me at every turn. I was a stay-at-home mom the length of my marriage and the agreed upon alimony was supposed to be my settlement since I didn't get a lump sum. What can I do? The judge did a total 360 degree turn from his ruling in Dec. and it's just not fair. How do I get the judge to honor what he said to me in Dec?
I found this online. Does this mean the judge should honor the marital stipulation agreement?
>Modification of Spousal Support Orders: Spousal support awards and agreements are modifiable throughout the support period except as to amounts accrued prior to filing of application for modification and except as otherwise provided by agreement of the parties. However, unlike child support, the court's continuing power to modify spousal support is dependent on the terms of the court's order. Unless jurisdiction to award support has been reserved, postjudgment spousal support is limited by the stated duration of the order. [Ca Fam §§ 3603, 3651(c), 4333, 4335] <
another thing, my ex is supposed to provide medical insurance for the children, which recently became available through his employer. The judge ordered him to add the children on, but he got a child support deduction for providing insurance. Is that right? Our marital stipulation stated he would provide the insurance, but it didn't say he would get to pay less child support.
CA
MY ex and I have been divorced for 3 years and had been married for 10 years. We have two children. We had a marital agreement for child support and spousal support, but he went back in Dec. and got the child support lowered due to a job change in which he was making less. During that hearing, he requested the judge eliminate my spousal support. The spousal was also agreed on by myelf and the ex and according to our marital stipulation agreement, is supposed to continue for 3 more years. The judge told him since he signed the agreement, he wasn't going to touch alimony.
The ex went and filed another OSC with the same request to eliminate spousal using the argument that I have a degree. Even though I'm not working right now, the judge suspended my alimony. The judge went ahead and did this even though in Dec. he said he would NOT touch alimony since my ex signed a marital stipulation, thus making an agreement with me. Even though I brought this to the judge's attention, he would not listen to me. He told me that he must have been wrong if he indeed tell me he wouldn't touch my alimony. He did. What is the clerk that types the notes? Transcriptionist? Whatever her title, wouldn't she have typed up his promise at the OSC in Dec.??
What do I do now, guys? I have been reprsenting myself which was a big mistake as my ex has taken advantage of me at every turn. I was a stay-at-home mom the length of my marriage and the agreed upon alimony was supposed to be my settlement since I didn't get a lump sum. What can I do? The judge did a total 360 degree turn from his ruling in Dec. and it's just not fair. How do I get the judge to honor what he said to me in Dec?
I found this online. Does this mean the judge should honor the marital stipulation agreement?
>Modification of Spousal Support Orders: Spousal support awards and agreements are modifiable throughout the support period except as to amounts accrued prior to filing of application for modification and except as otherwise provided by agreement of the parties. However, unlike child support, the court's continuing power to modify spousal support is dependent on the terms of the court's order. Unless jurisdiction to award support has been reserved, postjudgment spousal support is limited by the stated duration of the order. [Ca Fam §§ 3603, 3651(c), 4333, 4335] <
another thing, my ex is supposed to provide medical insurance for the children, which recently became available through his employer. The judge ordered him to add the children on, but he got a child support deduction for providing insurance. Is that right? Our marital stipulation stated he would provide the insurance, but it didn't say he would get to pay less child support.
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