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RONB-ESQ
RONB-ESQ, Lawyer
Category: Family Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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Can my ex wife come back after 7 years and get spouse

Customer Question

Can my ex wife come back after 7 years and get spouse support after being on reserve? She has told me that she is going to do this after the last child support?
Submitted: 10 months ago.
Category: Family Law
Expert:  RONB-ESQ replied 10 months ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

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If I read your question correctly you went through a divorce and received a final order. In that order your ex-wife did not get spousal support. You were ordered to pay child support. Your ex wife is not claiming that after the final child support payment she is going to go back to court and seek spousal support. Can she so this? Does this correctly state your question? When was your divorce granted?

Customer: replied 10 months ago.
her attorney put it on reserve... so she is telling me she is going back to try to get it...after I am done paying child support. Can she do this?
Customer: replied 10 months ago.
The divorce was granted 7 years ago.
Expert:  RONB-ESQ replied 10 months ago.

I find nothing legally that would allow it, but also nothing that forbids it. When you say on reserve what do you mean that in the final order the order states that spousal support may be sought at a later date?

Customer: replied 10 months ago.
that's what that means.
Expert:  RONB-ESQ replied 10 months ago.

I think it would be highly unlikely that a Judge would order you to pay spousal support at this time. Generally if the marriage was for 10 years or more the Judge may order spousal support and should consider among other things the ability of the spouse to support herself, her skills, training, education, etc. The time you would have been required to pay her would have partially been to cover the time it took for her to get training, education, etc. such that she could support herself. Now she would have to prove that during the past 7 years she has undertaken x,y & z to increase her ability to earn a living and still can't. I don't think a judge would buy that argument and though I can't advise you just speaking generally I would say she has less than a 25% likelihood of success.

To save yourself from worrying much about this I would consult with a local family law attorney that knows the typical habits of the local Court and bring your order with you and just setup a free consultation. You will find that virtually all attorneys will give you a free consultation and during the meeting he/she can tell you what to expect based on the local Court, but I think the likelihood of your wife prevailing on a motion to establish spousal support from 7 years ago is unlikely. You can go to findlaw.com or avvo.com and search for an attorney near you. I like avvo.com just because you can usually read a little more about the attorney.

I hope that answers your question if not feel free to follow up or ask me to clarify.

Ron

Customer: replied 10 months ago.
Thank you for your help!!!!
Expert:  RONB-ESQ replied 10 months ago.

You are welcome and if that satisfactory answers your question please do me the favor of leaving me positive feedback so I get credit for the time I spent answering your question. It does not cost you any thing additional. Do note that after leaving feedback you are still welcome to reply here with follow up questions for free.

Regards,

Ron

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