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Attorney & Mediator
Attorney & Mediator, Lawyer
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Question: Long term marriage -18 years. Now 19 years have

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Question: Long term marriage -18 years. Now 19 years have past since original divorce -children are adults. At the time of the divorced settlement a 7 figure estate was divide equally. I am now getting ready to retire. I am being told because in the property settlement I was give my pension & the X recieved stock plus the family house I can could end up make support payment out of my pension proceeds. Does that sound right?
Submitted: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 years ago.
1) What state issued the divorce orders?

2) What type of support are you referring to? Spousal or child support? Is this for child support arrears?

3) Was she awarded spousal support payments?

Thanks



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Customer: replied 7 years ago.

1) California

2) Support payments

3) Yes

Expert:  Attorney & Mediator replied 7 years ago.
Thank you for your reply.

If she was given a permanent award of spousal support, then yes it is possible that you can end up paying through your pension proceeds. In California it can be agreed that long term spousal support is not subject to modification, which means that changes in circumstances will not affect the support obligations.

So to answer your question you need to review your support orders. If they are non-modifiable and permanent, this means you have agreed to pay indefinitely and the amount is not subject to modification.

If modification is permitted (again it would say in the divorce agreement), then you can file for modification. Retirement is usually grounds for modification, this does not necessarily mean support will be terminated, but rather reduced to your current level of income.

So yes, to answer your question what you have been told is correct. You can still be responsible to pay spousal support if the terms of your divorce agreement provide that support continue unless modification is permitted.


http://www.kinseylaw.com/clientserv2/famlawservices/modifyorders/modifyspoussupport/modifyspoussupport.html





Please click accept, it is greatly appreciated.

_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.



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Customer: replied 7 years ago.

My feeling is all of the community property was equaly split at the time of our divorce. Any investment gains or losses experienced by either party should have no bearing on support payments. My feeling is support payments to my X are based on my ability to earn more income than she can. ( I will not go into why she could not or did work) When I retire I will have no earned income. Assumiing the only income I will have is investment income plus Social Security - there must be ruling that say I no longer have to make support payment? --My X- wife is the the same age as I am so differeences in age is not factor

Expert:  Attorney & Mediator replied 7 years ago.
Again, it first depends on what terms you have agreed to in your spousal support agreement. In California you can waive the right to modify. Since I have not reviewed your agreement, I cannot say if you have done this. Generally if there is no waiver to modification you can request modification, a reduction in support if your income following retirement has been reduced. Support payments will not stop if she is not working and continues to depend on you. In California support stops when she remarries or cohabitates with someone who can now pay for her living. So if ex-wife is not working, the court is not going to stop your obligations, especially if what she has is a permanent support order. At most the court may elect to reduce the amount if all you will have left is investment income plus social security. If you wanted support to stop it should have been arranged in the agreement that support cease upon your retirement. If this was not done, she can still ask for support.




_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Attorney & Mediator and 5 other Family Law Specialists are ready to help you