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Length of "Family" Alimony Support?

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R

redwood

Junior Member
I live in California.
Here is the situation. Was married in 1984...Divorced in 1995. Had three kids.
She had a small job when we were married but became a stay at home mother when we had kids. Because she got the house when we divorce and she had no measurable income to support a house payment the judgement was 90% "Family Support" and 10% child support. In one year all of the kids will be over 18 and the child support will have stopped. In the last few years she has finished her college education and is about to become a full time school teacher. She has refinaced "her" house a couple of times and the house has increase in value many times over.
I want to stop paying "family support" but there is no "time" element stated in the divorce judgement.
What options do I have to legally end the family support once our last child reaches 18.
Thanks
 


I

I AM ALWAYS LIABLE

Senior Member
redwood said:
I live in California.
Here is the situation. Was married in 1984...Divorced in 1995. Had three kids.
She had a small job when we were married but became a stay at home mother when we had kids. Because she got the house when we divorce and she had no measurable income to support a house payment the judgement was 90% "Family Support" and 10% child support. In one year all of the kids will be over 18 and the child support will have stopped. In the last few years she has finished her college education and is about to become a full time school teacher. She has refinaced "her" house a couple of times and the house has increase in value many times over.
I want to stop paying "family support" but there is no "time" element stated in the divorce judgement.
What options do I have to legally end the family support once our last child reaches 18.
Thanks
Click to expand...


My response:

You file a Petition on the grounds of "changed circumstances"; i.e., The children are now of adult age. This is, of course, assuming that your ex doesn't have mental, emotional, or physical disabilities and is able to sustain gainful employment.

IAAL
 
R

redwood

Junior Member
added note:

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As far as being healthy............ she went back to school and got her college degree and will soon have her teaching credential. She has been a "student" teacher for special education children for the past few years. As far as my responsiblity goes I have paid my 1/2 of all extra expenses....college tution..books... car insurance....extra doctors costs above insurance....gave an extra car I had to one of my son's.
Plus my ex-wife has had a very steady boyfriend the past couple of years.
Also she has said on a couple of occations that she wanted to stop the "family support" when she could.
 
R

redwood

Junior Member
Added note:

Ca... added...in filling a petition would they also not look at earning power of both and reassese the $ amounts??? Since our divorce my income has doubled. Hers has gone from basicly $0 to maybe $30K?? teacher income is very low as we all know.
 
LdiJ

LdiJ

Senior Member
redwood said:
Ca... added...in filling a petition would they also not look at earning power of both and reassese the $ amounts??? Since our divorce my income has doubled. Hers has gone from basicly $0 to maybe $30K?? teacher income is very low as we all know.
Click to expand...
In that case it would be in your best interests to wait until there is definitely no chance that you could be ordered to continue to pay support for your youngest child. If a recalculation was done right now its very probable that you would be ordered to pay more.
 
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