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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Family Law
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What are the California requirements for termination of spousal

Resolved Question:

What are the California requirements for termination of spousal support in a "long term - 17 year" marriage.

My situation. I had been paying spousal support for a few years. Then my ex moved in with her boyfriend and i was able to terminate spousal support. However, they "reserved jurisdiction to request spousal support in the future....". Subsequently the relationship failed and she moved out. Since that time she has purchased a townhome and is doing ok with her income as a marketing assistant and the child support of $2000 a month that she receives from me.

My financial situation (dont know if this matters) is not so good. My current wife has been out of work for 2 years, i have had to file bankruptcy, home approaching foreclosure, etc.

Ex has now come back and requested that I pay spousal support since she is living alone. ($1600 per month spousal in addition to the child support).

Do i have to continue to be the fall back support guy whenever her relationships fail? What is the argument to terminate spousal support forever?
Submitted: 10 months ago.
Category: Family Law
Expert:  S. Huband, Esq. replied 10 months ago.
Thank you for the opportunity to assist you.

Q) Do I have to continue to be the fall back support guy whenever her relationships fail? What is the argument to terminate spousal support forever?

Generally, spousal support is determined by two big-picture concepts: 1) the need of the receiving spouse for support, and 2) the paying spouse's ability to pay. There are lots of factors that go into making this decision, such as length of the marriage, standard of living during the marriage, whether one spouse is a stay at home parent, tax issues, etc.

There is a trend nationally over the past several years to end the concept of lifetime spousal support. The days are numbered (and are quickly fading) where an ex (usually the wife) gets support for the rest of her life while the other spouse (usually the husband) works 3 jobs to make ends meet so she can drive a Mercedes and eat Caviar for breakfast. (A bit of an exaggeration, but you get my meaning.)

There are also court decisions in California where the courts are moving toward the position that spousal support is meant to be TEMPORARY in nature only. They are also starting to take the position that spousal support should last as short a time as possible, i.e. only until the receiving spouse gets on their feet and is able to be self-supportive.

In your case, I would absolutely go back to court right away and ask the judge to declare that 1) there is no need for spousal support now, and 2) there is no need for the court to retain jurisdiction over this issue any longer. California Courts online has numerous forms to help you get started. Here's one, for example.

You could retain an attorney to help you with this too. Although that's money you may not be able to spend right now, if it helps increase your long term chance of NEVER paying spousal support again, it may be worth it.

I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. Otherwise, please rate my answer positively so that I can receive credit for my work. Doing so will NOT cost you any additional fee.

Take care,
Shuband
S. Huband, Esq., Attorney
Category: Family Law
Satisfied Customers: 1156
Experience: Experienced, and knowledgeable family law attorney.
S. Huband, Esq. and 7 other Family Law Specialists are ready to help you
Expert:  S. Huband, Esq. replied 10 months ago.
Hello,

I was notified that you rated the answer I gave positively and that you generously applied a bonus payment for my efforts. Thank you so much. I am very pleased and gratified that I was able to help you. I sincerely hope the matter(s) we discussed turn out well for you.

Please ask for me in the future if you have additional questions or concerns. Again, thank you very much for the opportunity to assist you.

Take care,
Shuband

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