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Help With Greedy Ex-wife !

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mukiman

Member
What is the name of your state? Good ol' "screw the husband" CALIFORNIA !!
:confused: I'm heading back to court to fight with my ex-wife over having her alimony terminated. We were married 16 years and our court order stated that the end of the support was up to"further jurisdiction of the court".
Her attorney fought hard for that clause. It has now been 8+ years since we divorced and she has since purchased a 172,000.00 home on her own which has substantial equity. She also just leased a new convertible BMW at 650.00 a month. We never owned cars like that when we were married.She has worked since we divorced and both our kids are adults.Her current income is in the area of 57,00.00 a year.
Yet her attorney is arguing that she scrimped and saved to buy the house (missed meals blah blah blah and she still needs support.Funny how our friends tell me they see her at local bars and restaurants regularly.
What's the deal ?? We go backto court Sept. 23rd and I want to know what the judge is going to be looking at to base his decision? What about the civil code that was mentioned in our divorce papers that stated she was to work to become self sufficient. I feel she is there.
I would appreciate some legal thoughts to ease my ulcer.
Thanks, Muki
 


kupacmac

Junior Member
I would say you have a good case to have it terminated or at least reduced.

I dug this up on the internet (Link here):

Modification Of Spousal Support Orders

If the supported party is no longer in need, or a detrimental change in the obligor party's needs or ability to pay outweighs the other's need for support, proceedings to terminate (or reduce) support can be brought on the basis of "changed circumstances".

Further, provided the obligee was aware of an expectation that he or she become self-supporting (or reasonably endeavor to contribute to his or her support), support might be terminated on the basis of the obligee's failure to make good faith efforts toward self-sufficiency within a reasonable period of time. [See Ca Fam §§ 4320(l), 4330(b)]

Moreover, in some cases, a modification order terminating open-ended support may even be warranted where, after considering and weighing the then-applicable Ca Fam § 4320 factors, the court deems it "just and equitable" to do so despite the absence of factually changed circumstances. [Marriage of Baker (1992) 3 Cal.App.4th 491, 494, 4 Cal.Rptr.2d 553, 554]
 

VeronicaGia

Senior Member
What does your court order say about terminating alimony? Does it mention anything about how many years you are to pay? Is this lifetime alimony?
 

mukiman

Member
Greedy Ex-wife

VeronicaGia said:
What does your court order say about terminating alimony? Does it mention anything about how many years you are to pay? Is this lifetime alimony?
Our court order states that she gets support until she remarries, dies OR further jurisdiction of the court.
I just thought by the amount of money she is making(3 +times more then when the original order was established) and the lifestyle she leads, it was time to end this order.
 

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