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LADY LAWYER, Family Law Attorney
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My Husband signed a court agreement for his divorce that states

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My Husband signed a court agreement for his divorce that states that his kids are the "sole benefitiaries" of his life insurance. Now we are married and he wants me to be added. He also has a clause of "Husband will maintain a policy of medical dental and vision insurance for Wife thorough entry of the Judgement of dissolutions of Marriage and after such entry. This obligation to support wife under the provisions of these paragraph and the minor children under the provisions of paragraph iii above or until such time as Wife has available to her policy of medical, dental and vision insurance available at a reasonable cost through her employer.

It has been 5 years since the divorce was complete, his kids are 13, & 8. She has not attempted to get a new job. She has lived with her boyfriend for 3 years in the same house.

Is there anything we can do? We were told by his work she would be covered by his work insurance, 3 days after her signed this agreement they got a call from insurance to say he would need to pay this out of pocket because she cant be insured. He pays 800 dollars a month for insurance for her on TOP of child support and alimony. The kids only go to her house on Mondays and every other weekend because she is abusing prescription pills. We also just won a court order that she can no longer drive the kids anywhere so we drive them everywhere because of her prescription drug use and we won the lion share on custody because of this.

The court order was amended to change visitation to 80% my husband and the driving clause.

The last part of the contract says Severability
The provisions of this Agreement for the Settlement are severable. If a court of competent juristiction rules that andy provision of this Agreement fro Settlement is invalid or unenforceable such a ruling will not affect the valididty and enforceability of the other provisions of this Agreement for Settlement.
This Agreement for Settlement may be executed in counterparts, each of which shall be deemed an original and together shall constitute one and the same instrument having the same force and effect as if a single original had been executed by all parties.

My husband was falsely advised by his work and has notarized letters stating so. What can we do? We live in Napa, CA.

Thanks for choosing! I look forward to helping you today.

Once a court grants alimony (temporary or permanent), it may later be modified by the court or even terminated completely, under certain circumstances (e.g., a substantial change in the circumstances). Courts have wide discretion in how they define what constitutes a “substantial change in circumstances” to warrant a change in alimony.

For example, UMDA § 316 allows the amount to be changed “only upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable.” In California: “a support order may be modified or terminated at any time as the court determines to be necessary.” See Cal. Fam. Code § 3651(a) (2012)..

Courts also have varying ways of administering these modifications. In California: “a support order may be modified or terminated at any time as the court determines to be necessary.” See Cal. Fam. Code § 3651(a) (2012). In considering whether to modify or terminate an alimony award, the court once again looks at the ability to pay vis-à-vis the needs of the recipient.

If the ex wife is just deciding not to work, the court could terminate or lower her alimony. What's more, if the insurance was issued temporarily, until at such a time as she got insurance from her employer, but she is purposefully not getting an employer, then that can be terminated too. The fact that your husband was given false information by his employer, which then induced him to enter the agreement, can definitely help his position, but I really don't think it will even be necessary to show this. Now that the child custody issue is out of the way, a motion to modify/terminate support would be your next step. There is a good chance he will get the modification.

If you have any further questions, please just let me know! If not, would you kindly leave me a positive rating at this time? It costs you nothing further to do. Thanks!

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