How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask AlexiaEsq. Your Own Question

AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11827
Experience:  19+ Years of Legal Practice in Family law matters.
10805288
Type Your Family Law Question Here...
AlexiaEsq. is online now
A new question is answered every 9 seconds

A judge in Hayward, CA ruled that I support my ex-wife $500/month

Resolved Question:

A judge in Hayward, CA ruled that I support my ex-wife $500/month when I don't have any income. Right now I owe her more than $5k and she's taking me back to court so that she can collect on Monday. Is there any way to get this ruling reversed since I had no income and had been looking for a job now for months? Thanks very much.
Submitted: 2 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 2 years ago.
Hi, thanks for your inquiry! I have been practicing family law for 17+ years and have specific experience with issues like yours. That being said...

Is this alimony? Or child support?

------

Please note that I have not yet answered your question. That is because this is one of those times where additional information is necessary or prudent. I have requested this additional information from you in order that a most thorough and accurate answer may be provided and I look forward to your response. In the meantime, I will be researching any related issues as necessary for that thorough answer, to ensure that there are no recent legal changes that could effect my answer, as well as drafting portions of the answer for you. Thus, if you don't see my response right away, after you provide your reply, please don't be concerned. Once I respond, you should be getting an email notification (or other) so you can come back and receive that answer. Thank you, XXXXX XXXXX look forward to assisting you.



Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and and better pursuing the details you need. PLEASE ALSO KNOW THAT ANY ANSWERS FROM ME ARE POSTED ON THIS SITE AND NOT EMAILED TO YOU. I DO NOT KNOW YOUR EMAIL AND WILL NEVER EMAIL YOU MYSELF.

Customer: replied 2 years ago.

Spousal support. Our kids are grown up. She is unemployed but surviving without my support since Aug 2011.

Expert:  AlexiaEsq. replied 2 years ago.

My name isXXXXX and I have been a stage 4 (highest) professional lawyer with the Company for nearly 4 years, and enjoy giving top notch answers to all of my customers. While I am unable to represent you or give you specific legal advise, I can provide you with legal information you may wish to consider and review so that when you do consult with an attorney in your jurisdiction, you have a basis of knowledge.

Please DO remember to only rate my answer when you are quite satisfied with my diligence and effort in accordance with your chosen transaction. I aim to provide EXCELLENT SERVICE. Until then, please stop and REPLY to me via the CONTINUE CONVERSATION button with the question concern you may still have. I will be happy to continue further and do everything I can to provide you with the service you seek. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!

That being said, with regard to your post:


A judge in Hayward, CA ruled that I support my ex-wife $500/month when I don't have any income. If this is a NEW order, was there something in your decree that allowed for a LATER award of alimony? Or, was it an original order and you simply weren't paying, money being tight?

 

Right now I owe her more than $5k and she's taking me back to court so that she can collect on Monday. Is there any way to get this ruling reversed since I had no income and had been looking for a job now for months? You can appeal the ruling, if you do it in the limited time frame allowed by your local court rules - usually 20-30 days to file a notice of appeal, so make sure to abide by that. You can also look into filing a motion for reconsideration - but that time frame is typically even shorter and won't likely extend your time to file the appeal - so you don't want to blow the appeal. You can also file a motion to Stay the Order pending appeal.

 

Thanks very much.

Optional Information:
State/Country relating to question: California

Already Tried:
I tried begging the judge to reconsider. I am a realtor and have presented a statement of income from my broker that shows very little income this year not even enough for me to survive. OK, it is true that you will be expected to look for other kinds of work - be it a minimum wage job or not - since your current vocation is not doing so hot. This is particularly so if you have had poor income prospects for quite some time, i.e. you were on notice that your vocation was not enough to pay your bills... so we are expected to do something else to pay our bills, including any valid alimony award.

 

On average I had one closing every 6 to 7 months in the last 2 years. This is the problem :( It has been so long that the Judge probably thinks you should have proactively gotten other work by now - anything - to show good faith effort.

 

If my wife is not working we'll be homeless and hungry. I understand - it is a terrible economy, and I know how hard it is to secure work, but keep trying and take whatever it is, even that which does not meet your credentials.

 

I showed the judge the foreclosure of my house and the repossession of my car to no avail. You need to appeal, possibly, particularly if you presented proof of looking for any kind of work..... consider reviewing your state statute on alimony factors.... and see if the judge failed to consider all factors. You will want to get that transcript where the judge explains WHY, and see if you can appeal based on her lack fo explanation of what was considered that ruled her way.....

HELP....It will take time! Which you likely don't have, I know, but you can file that appeal and/or motion for reconsideration (both, and expect the latter to be denied because that motion is heard by the same judge :( but if you can point to the law the judge misapplied, sometimes they DO reverse themselves rather than be subject to appeals court reversing them.


I hope this helps, although I know it is a tough spot to be in.

Please know that I am in the wake of the Hurricane Sandy and have no power once I leave here, but I will check back with you tomorrow, when I can reach this power/and internet.


Sincerely,

Alexia Esq.



-------



I think this is what you wanted to know. If not, please let me know and we can interact further. Otherwise, I wish you the best and ask that you Rate me now. HINT: I aim to provide only EXCELLENT SERVICE and ask that you click a rating on the RIGHT side of the choices OR, follow up with me if you need more follow up or clarification. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!



You can ask for me directly in the future by starting your post with "To Alexia Esq." Or bookmark this page, and go to: http://www.justanswer.com/law/expert-AlexiaEsq/



Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and presenting your issue to your lawyer if need be. I am an Attorney in the U.S. but I am not your attorney.





AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11827
Experience: 19+ Years of Legal Practice in Family law matters.
AlexiaEsq. and 3 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions

Chat Now With A Family Lawyer
AlexiaEsq.
AlexiaEsq.
Family Lawyer
11827 Satisfied Customers
19+ Years of Legal Practice in Family law matters.