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stevexo
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience:  30 years helping those with Family legal needs
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CA Alimony Amount? Hello. Can I file a request to have

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CA Alimony Amount? Hello. Can I file a request to have the COURT set a new alimony amount? My income is now less than my former spouse. I do not want to negotiate it with my ex-spouse. Is there a formula they follow?
Background: CA divorce in 2006. Grown children. Agreed to pay $2800/mo until 2018. Now no job, no income, 1/4 million medical & other debt.
Thank you very much.
Submitted: 2 years ago.
Category: Family Law
Expert:  stevexo replied 2 years ago.
Yes there is a formula they use, but it is based on both of the incomes after the allowed deductions. Each income is a part of the formula. Without even reaching the issue of the amount, your income is now less so the issue for you is how to lower the amount you are currently paying. You do not have to renegotiate with him what you need to do is the following: You qualify to file a motion to modify alimony. I say this because the standard is a substantial change in circumstances. If your income is now less then it was when originally ordered, file a Motion to Modify based on your reduction of income and the amount you are paying will be reduced. No need to negotiate with him, just file your Motion and serve him and go to the hearing with proof of the reduced income and you should win. Alimony is modifiable if there is a substantial change in circumstances. Sincerely, Steve
Customer: replied 2 years ago.
Thank you very much.
You said, "Yes there is a formula they use".

What is the formula, where can I find it, for CA, Santa Clara County?

Where do i find the forms to file that motion?

Thank you.

Jan
Expert:  stevexo replied 2 years ago.
The formula they use is not mathematical, it is a combination of factors and the one most important to you is your lack of ability to pay. See Calif. Family laws 4320 for all of the factors involved in determining an alimony award. Grounds for alimony reduction such as you seek are under Calif Family laws 3590-3593. The best place for you to go to read up on this and to find the form you have requested is www.courts.ca.gov/1038.html . There are also many forms on line for a small fee to modify alimony. Sincerely, Steve
Customer: replied 2 years ago.
That link said:

"SORRY, THE PAGE YOU REQUESTED WAS NOT FOUND.


You may have used an outdated link"
Expert:  stevexo replied 2 years ago.
Expert:  stevexo replied 2 years ago.
Dear Sir, I have provided you with all your requests in a timely manner, and if I have helped, please give me a rating of ok service or above, as unless you do ,I get no credit for all my work. Sincerely, steve
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience: 30 years helping those with Family legal needs
stevexo and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
So far I understand I need to file a motion.

And I have a link that lists many forms in many categories.

Thank you.

>>> Can you locate the form I need? I don't have a prayer of finding it on that link I'm afraid.

>>> Where can I access the formula usedunty to determine alimony in Santa Clara Co, CA (in original question)?


Jan

Expert:  stevexo replied 2 years ago.
Dear Sir, I would be glad to answer these follow up questions, and have answered the original question, and others afterwords, yet still I have not gotten a rating and thus no credit for all my answers. Before I continue I would at least need an acceptance of the original question and answer before going on, in fairness to me and my time. The only compensation I get is when an answer is accepted, and can't continue to answer when the question is never accepted and then more questions asked after no acceptance. Sincerely, Steve
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience: 30 years helping those with Family legal needs
stevexo and other Family Law Specialists are ready to help you

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