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husband filing for spousal support on wife who is on disabiligy

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jody245

Guest
What is the name of your state? What is the name of your state? California. I am on Social Security disability and long-term disability from my company due to a stroke in 1997. I filed for nullification of the marriage rather than divorce because I found out my husband married me 2 months before his divorce was finalized from his first wife . Hr married me in 1986. He has petitioned for spousal support from me and would waive spousal support if I give him $5,000. My question is can he get spousal support from me since I'm on both Social Security and long-term disability. I kicked him out of my house due to cheating on me once again.
 


I AM ALWAYS LIABLE

Senior Member
jody245 said:
What is the name of your state? What is the name of your state? California. I am on Social Security disability and long-term disability from my company due to a stroke in 1997. I filed for nullification of the marriage rather than divorce because I found out my husband married me 2 months before his divorce was finalized from his first wife . Hr married me in 1986. He has petitioned for spousal support from me and would waive spousal support if I give him $5,000. My question is can he get spousal support from me since I'm on both Social Security and long-term disability. I kicked him out of my house due to cheating on me once again.
My response:

Apparently, at least to me, he must be representing himself. He can't touch your Social Security or your Disability payments. He'll have to get his drinkin' money from some other source.

When did you discover that your marriage could be void?

IAAL
 
J

jody245

Guest
spousal support from wife on disability

You asked when did I learn the marriage was null and void. I obtained his divorce records from the court when I was seeking a church annulment. I didn't want to leave any stone unturned. To my astonishment, he married me 9/6/86 and his divorce wasn't final until 11/8/86.
 

I AM ALWAYS LIABLE

Senior Member
Re: spousal support from wife on disability

jody245 said:
You asked when did I learn the marriage was null and void. I obtained his divorce records from the court when I was seeking a church annulment. I didn't want to leave any stone unturned. To my astonishment, he married me 9/6/86 and his divorce wasn't final until 11/8/86.
My response:

A "church annulment" has nothing to do with Civil law. When you stated "I filed for nullification of the marriage rather than divorce" in your original post, I thought you meant a Civil Annulment (State sanctioned), because now you've mentioned "church annulment." As you may be aware, there is a "separation between Church and State." This site concerns "Civil Law", and not religion, or religious doctrine.

PLEASE ANSWER THESE QUESTIONS:

I will ask again, what is the DATE that you learned that your marriage could be void; i.e., that it was bigamous?

How much time passed, e.g., months, years, from the date that you first found out that your marriage could be voidable, until the date you "kicked him out"?

Also, are you filing a Civil petition for "annulment" or "divorce" with the court?

IAAL
 
J

jody245

Guest
Answer to your 3 questions are as follows: I learned the marriage could be void in October 1997, after he already filed for divorce in August 1997 and the divorce paperwork was filed with the court.

The time that has passed since I found out my marriage could be voidable has been 5 years. He returned in Nov. 1997 after I had a severe stroke. To be truthful at that time, when I came home from the hospital I gave no thought to the marriage since he told me that our divorce got screwed up somehow in the court system, and that we were still married. I found out after I kicked him out that he never followed through with the divorce on his part. That is why the divorce never came to completion.

I filed for a Civil petition for annulmrent with thr court on June 11, 2002.
 

I AM ALWAYS LIABLE

Senior Member
jody245 said:
Answer to your 3 questions are as follows: I learned the marriage could be void in October 1997, after he already filed for divorce in August 1997 and the divorce paperwork was filed with the court.

The time that has passed since I found out my marriage could be voidable has been 5 years. He returned in Nov. 1997 after I had a severe stroke. To be truthful at that time, when I came home from the hospital I gave no thought to the marriage since he told me that our divorce got screwed up somehow in the court system, and that we were still married. I found out after I kicked him out that he never followed through with the divorce on his part. That is why the divorce never came to completion.

I filed for a Civil petition for annulmrent with thr court on June 11, 2002.
My response:

Although you have filed for an Annulment (which will undoubtedly be granted), the court will, most likely, consider your husband to be a "putative spouse" and divide the assets and liabilities of your marriage on that basis, and pursuant to California's Community Property laws.

A putative spouse is a status that is awarded to do "equity" because there was a "good faith" belief, at least by one of the parties, that there was, in fact, a valid marriage - - but, due to some mistaken belief, or mistake of the law, the parties maintained the "marriage" despite the "flaw." This argument could be bolstered by the fact that you knew, for 5 years, that the marriage was voidable, but failed to do anything about it earlier despite the flaw, and allowed the marriage to continue. I know you said that you suffered a stroke, but you have apparently gotten better long ago - - at least to the point of being able to protect your rights.

So, while the Annulment will be granted, the rest of the issues will be decided as if you were married. This will be the equitable conclusion.

Good luck to you.

IAAL
 
J

jody245

Guest
Although you indicated the equity issue, I bought him out of my home in 1997 when he initiated a divorce. He got half of the value of the home at that time. Now in 2002, we both signed and notarized a separation settlement which he drafted stating he will take his credit cards in his name only, and he gave me the car with the remaining debt . We split in half our cd account and he took half of the checking account, and there are no other monetary accounts.

So what else is there to settle? Furnishings? In 1997 he writes in a letter he gave me 70% of the furnishings. Anything which belongs to him, I have packed up and put on my front porch for him to pick up whenever he decides..
 

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