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 AttyCBradford Your Own Question

AttyCBradford
AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 617
Experience:  Criminal Defense and Family Law Attorney serving California Statewide
66829710
Type Your Family Law Question Here...
AttyCBradford is online now
A new question is answered every 9 seconds

Ive been divorced for 5 years. I was married for 24 years.

Resolved Question:

I've been divorced for 5 years. I was married for 24 years. I currently pay $2700 per month spousal support. My ex and I are both 55. In March we both will receive our share of my pension from a previous employer. I will receive $3600, she'll receive $2400. The court attributed $2500/month income to my ex at the beginning of the divorce, (Gavron order).

I want to petition the court to reduce or eliminate my continuing support in light of her pension income. I believe Sheridan is a relevant case? I would like to propose directly to my ex that I would continue to pay the current support amount for 1 year, then reduce it to $1,000 until age 62 1/2 when she can begin collecting social security. Alternatively, if we go to court I request support ceases in 6 months (or a year) in light of her pension income? My strategy being that my offer is reasonable, avoids attorney's fees on her part, and that the court may rule less favorably for her. Does this sound reasonable and do the two cases referenced (Gavron and Sheridan) support my position?
Submitted: 1 year ago.
Category: Family Law
Expert:  AttyCBradford replied 1 year ago.

AttyCBradford :

Hello! Based on the fact that you have been paying support for 5 years, and your spouse has not attempted to find substantial employment (which they were required to do so if a Gavron warning was issued) you could petition the court and ask for what we call an imputed income. Essentially, at the very least the Court would assume that she is or could obtain a minimum wage job and impute that monthly income into the dissomaster when calculating support issues. So you could move for a reduction there.

AttyCBradford :

Additionally, a post judgment spousal support payment is always modifiable, unless the language says otherwise in the judgment which is rare. To get a modification you must show a material change of circumstances since the order was made which is outlined in the Gavron case you referenced. Here, your change of circumstances would be (1) that the other party has not obtained substantial employment or made the efforts, and (2) that they are now receiving an "income"

AttyCBradford :

On that same note you should consider the fact that the court has held that a "change of circumstances" must be a fact which was not contemplated at the time the prior order was made. That being said, your partner may argue that you were well aware that they would be receiving this additional income eventually and you should have known about it. Marriage of Lautsbaugh (1999) 72 Cal App 4 th 1131.

AttyCBradford :

On the other hand, "...the standard rule that modifications in support orders may only be granted if there has been a material change of circumstances since the last order was not designed to circumvent the goal that supported spouses become self-supporting within a reasonable period of time. In re Shaughnessy, supra, 139 Cal.App.4th at 1237, citing In re Marriage of Schaffer (1999) 69 Cal.App.4th 801, 803-804.

AttyCBradford :

The Schaffer case is in line with the Sheridan case you referenced.

AttyCBradford :

I think your offer of reducing it to a $1000/month is more than fair, in light of the fact that you could end up paying a lot more in attorneys fees and you could (not a guarantee) ask that they terminate that day for her not becoming self supporting

AttyCBradford :

If I have answered all your questions then please press accept and provide positive feedback, so I receive credit for my work. If not and you have additional questions please ask, and I will respond promptly. Please note: this is a PAID ANSWERING service, once your question has been answered, press accept. This conversation does not constitute an attorney-client relationship and is offered for informational purposes only. Lastly, sometimes it may take a moment to respond as I work with several customers at a time. Thank you and best of luck.

AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 617
Experience: Criminal Defense and Family Law Attorney serving California Statewide
AttyCBradford and 4 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
 
 
 
Chat Now With A Family Lawyer
AttyCBradford
AttyCBradford
Family Lawyer
617 Satisfied Customers
Criminal Defense and Family Law Attorney serving California Statewide