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Question

I am a California male and I have been divorced for 8 years now. My reportedly incompetent "paralegal" left me paying $1500 a month in spousal support ever since. all my friends say that he messed up on the diso-master amount. My ex-wife is making approx. $4,000 a month, has no more kids at home, and kept the house (after paying me a minimal $30k in estimated equity at the time). I have since re-married, and have a 5 year old daughter myself, with my own household to run. I am set to retire in a couple of months, at which time my ex will recieve approx. 30% of my retirement. My question to you fine ladies and gentlemen is....is there any way (in California) to make the spousal support go away, in light of the higher retirement amount she will be getting?

Submitted: 57 days and 16 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

State/Country relating to Question: California

Already Tried:
heavy self medicating.........

Accepted Answer

Based on the "Already Tried" section, it's good to see you at least have a sense of humor about it all!

 

You need to start with your divorce decree. It most certainly should detail the spousal support. The details would include how much you pay, how you pay, when the payments were to start and, most importantly, when the payments end. If there is no end date, the presumption is that the payments are permanent.

 

If this is the case, you would need to file a petition with the court requesting a modification of the support. To make such a request, you would need some change in circumstances, such as her improved financial situation and your new family to support.

 

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Expert: Joseph
Pos. Feedback: 100.0 %
Accepts: 
Answered: 9/26/2009

Attorney

I have 15 years experience in the legal field, currently specializing in criminal and family law

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