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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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A judge in Hayward, CA ruled that I support my ex-wife $500/month

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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.
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?

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Customer: replied 4 years ago.

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

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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.



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