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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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my husband divorced his first wife in California approximately

Customer Question

my husband divorced his first wife in California approximately 12 years ago. Their 3 children are all older. His ex-wife has been co-habitanting for approximately 6 years. We continue to pay her approximately $800 a month in spousal support. We live in Texas, have 3 young children of our own and I no longer work outside of the home for close to 2 years. Do we have a case to go back to the court and ask to have the support stopped now?
Submitted: 7 years ago.
Category: Family Law
Expert:  Tina replied 7 years ago.

Thank you for contacting our JA team for guidance.

 

If the decree states that spousal support is to continue until the ex remarries, the only basis for a modification is that your husband's circumstances have changed significantly. The motion for modification should be filed in CA and CA law will govern.


Please let me know if you need additional information.

 

Best regards,

TK

 

 

Please press the "accept" button so I may be credited for my time when I have answered your question. I am available to answer follow-up questions or to clarify this answer. Thank You.

Customer: replied 7 years ago.
what constitues "circumstances changed significantly"? He's remarried with a wife that stays home (laid off), 3 kids; 14, 8, and 7. The decree does state until she remarries but she's been living with someone in her home for close to 7 years? What kind of changes do we need to have if we were to pursue this?
Expert:  Tina replied 7 years ago.

If his income has significantly decreased and/or expenses significantly increased, he could have the support lowered. It sounds as low he has significant additional expenses, but I don't have all of the facts. The CA state bar association's website is a good place to search for an attorney near his ex. It also provides low cost legal assistance referrals.

 

Here are some facts regarding CA law and spousal support modification: http://www.kinseylaw.com/clientserv2/famlawservices/modifyorders/modifyspoussupport/modifyspoussupport.html

 

Good luck to you and your family.

 

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