Because your husband's ex did NOT waive spousal support
it is POSSIBLE that she could file a Petition for Support.
HOWEVER, even in marriages lasting more than 10 years, California law provides that the supported spouse is expected to become self-supporting within a reasonable period of time. Since it has been 13 years since the divorce, it is very possible that the court can find that she should be self-supporting by now, and DENY her request. Moreover, you husband has had custody of the children and has raised them without any support from his ex. Unless she is mentally ill or in some other way disabled, she should be self supporting by now! Moreover, she has supported herself for the last 13 years, there really is no reason as to why she can't support herself now!
California law is quite clear that new mate income cannot generally be considered against you in ordering or modifying child or spousal support. The controlling California Family statute is section 4057.5
In the normal situation, Family Code section 4057.5
leaves the Court no discretion to consider your (the new wife's earnings), period. Your husband does not need to report those earnings on the FL-150 (Income and Expense Declaration).
This is a statement of California legislative policy effective in 1993 when this section was added to the Family Code. This is true for both spousal and child support.
HOWEVER, you may wish to contact an attorney who specializes in family law
. Sometimes, an initial consultation is free or at a minimal cost. You can discuss the specific facts of your case, evaluate your options and decide how to proceed.
Below is a link to the California Bar Association Attorney Referral Page.http://www.californiaattorneyreferral.com/?PPCCode=G4-CA-LAW
Your husband probably doesn't have to worry, but I am prohibited from giving legal advice. However, speaking to an attorney in your area may ease any concerns that your husband or you may have.
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