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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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I currently pay 850 per month in temp spousal support. As part

Resolved Question:

I currently pay 850 per month in temp spousal support. As part of our settlement, my wife will draw 1,550.00 per month for the rest of her life from my Cal Pers pension starting in less than 60 days. Is this boost to her income enough to have my support abated and/or reduced?
Submitted: 5 years ago.
Category: Family Law
Expert:  legaleagle replied 5 years ago.

Thank you for contacting with your question. I will provide legal information related to your question.


Did the court know that she would receive that amount when they made the determination that you should pay 850 for temp support?

Customer: replied 5 years ago.
no the court did not know but a final judgment has not yet been rendered but the court will know before making its final judgment
Expert:  legaleagle replied 5 years ago.
While the temp order is pending if there is a significant change in circumstances you can petition to modify the temp order. The amount she will now be receiving is a significant change. But if the change happens in 60 days and the final judgment will be issued in 90 days the court may find that the one month of extra income is not enough to make a change at this time.
Customer: replied 5 years ago.
Im not asking to modify the temp support order now. I'm asking if i can have support abated or reduced after she starts collecting monthly pension checks from my CalPers which would be about 60 days after we are divorced....
Expert:  legaleagle replied 5 years ago.
Yes you can but you should bring that up before you get the divorce order so that the court can include in the order that the $850 is only until she starts to receive the monthly pension checks.
Customer: replied 5 years ago.
Are you saying yes I can ask the court to abate my alimony or are you saying yes the court will abate my alimony?
Expert:  legaleagle replied 5 years ago.
I am saying yes you can ask, there is no guarantee that they will grant your request.
Customer: replied 5 years ago.
I know I can ask the court to abate or reduce my support but the question the significant rise in her income(1,550.00 per month for the rest of her life which is almost double the current support order) sufficient enough to abate support?
Expert:  legaleagle replied 5 years ago.
It depends. When the court ordered $850 a month were they basing that on the fact that she would in the future get the pension from you so the $850 is already taking the pension money in account.
If the court did not take the pension payment into account, that significant increase is enough to warrant a review, but alimony is based on other factors such as her assets and other means so that the raise could or could not be enough to abate it but would be enough to reduce it.
Customer: replied 5 years ago.
when the court ordered temp support, it had no idea what our respective retirement benefits were....the temp support order was based in sole on our respective incomes and living expenses....the QDRO's haven't even completed yet
Expert:  legaleagle replied 5 years ago.
All anyone can tell you is that $1500 is significant and will make a difference but only the judge could tell you exactly how they are going to rule.
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