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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11674
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Dear AttyHeather, This is a continuation of my previous

Customer Question

Dear AttyHeather,This is a continuation of my previous question. I need to give you more details about my previous marriage.It was an adultery story happened in vacation 28 years ago. It looked to me as a real love story, I trusted the woman. I divorced my first wife, and married her. But she lied to me in each word. She said that her previous husband destroyed all her documents, and told me a fake story about her past. I took her from Tajikistan to Moscow, and then immigrated with her and her two children to USA. Her older son has a severe form of Cerebral Palsy, and I carried him for all 27 years, in addition to my job and business. She makes 40K per year as In-Home Supportive Service provider for carrying her son. But I was doing the most of the job after my work hours, and she was receiving the money.The marriage looked OK to me despite her low education and my PhD – no common interests. We have a common daughter 26 years old. But after my business failed in 2007, and I got large debts. After that, my ex-wife started hating me. I was living in a stream of hate for years, almost every day. She assaulted me many times per day, and was very aggressive. I got a deep depression for years. As result, it was difficult to find a job, and I started making about 80K per year after healthy years when I was making 160K+.
Finally, I divorced my ex-wife, and moved from California to Texas. Now I married with another woman. My depression is over, and I started making good money again despite my age (65).Now I increased my income from 70K-80K to 140K-160K because I divorced my ex-wife, and got rid of the depression.As far as I know, Californian Family Law requires that I provide to my ex-wife a support big enough to maintain the same life style as she had in our marriage. As I said, we had twice-lower income, huge debts, and 4K per month mortgage payments. I had to use credit to pay mortgage every time when my contract was over, and I never was able to find next contract quickly. Our life style was miserable. Now I make good money, and pay her $3500 Spousal Support. My ex-wife never had such money. Her total income is about 90K per year—more than I was able to earn in last 10 year of our marriage.As I explained in my previous request, I lost my job, had 40 days break without income, and found a permanent job with lower compensation. I filed FL-300, and hearing will be on 12/21/16. Now I need a strategy to reduce my SS payment from $3500 to $2500 or less.
Thus, I have three factors to reduce SS: (a) my income is decreased from 160K to 145K, (b) income of my ex-wife is increased by $800-$1000 per month, (c) our family low income assumes much lower SS payment.Here are my questions:1. How should I use the fact that my ex-wife never had 90K personal income in our marriage? I am overpaying her; I never was able to provide her such a life style. Please, tell me is it a good reason to reduce SS from the Judge point of view?2. Currently I pay $3500 per month. Based on the above three factors, what new reduced SS payment amount would you recommend for me to request?3. I need a legal language to formulate such request for the Judge because I am per se.
Submitted: 5 months ago.
Category: Family Law
Expert:  AttyHeather replied 5 months ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Expert:  AttyHeather replied 5 months ago.

Thank you for requesting me! Is it okay if I look at this tomorrow?

Customer: replied 5 months ago.
this is fine, no rush.
Customer: replied 5 months ago.
Hi AttyHeather, please, let me know if/when you are going to answer my last questions.
Customer: replied 5 months ago.
It looks like you are not accessible. I will call justanswer, and find another lawyer for my request. Let me know if you want to answer my request.