Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

A judge in Hayward, CA ruled that I support my ex-wife $500/month

when I don't have any...
A judge in Hayward, CA ruled that I support my ex-wife $500/month when I don't have any income. Right now I owe her more than $5k and she's taking me back to court so that she can collect on Monday. Is there any way to get this ruling reversed since I had no income and had been looking for a job now for months? Thanks very much.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 minutes by:
11/1/2012
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13,572
Experience: 19+ Years of Legal Practice in Family law matters.
Verified
Hi, thanks for your inquiry! I have been practicing family law for 17+ years and have specific experience with issues like yours. That being said...

Is this alimony? Or child support?

------

Please note that I have not yet answered your question. That is because this is one of those times where additional information is necessary or prudent. I have requested this additional information from you in order that a most thorough and accurate answer may be provided and I look forward to your response. In the meantime, I will be researching any related issues as necessary for that thorough answer, to ensure that there are no recent legal changes that could effect my answer, as well as drafting portions of the answer for you. Thus, if you don't see my response right away, after you provide your reply, please don't be concerned. Once I respond, you should be getting an email notification (or other) so you can come back and receive that answer. Thank you, XXXXX XXXXX look forward to assisting you.



Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and and better pursuing the details you need. PLEASE ALSO KNOW THAT ANY ANSWERS FROM ME ARE POSTED ON THIS SITE AND NOT EMAILED TO YOU. I DO NOT KNOW YOUR EMAIL AND WILL NEVER EMAIL YOU MYSELF.

Ask Your Own Family Law Question
Customer reply replied 5 years ago

Spousal support. Our kids are grown up. She is unemployed but surviving without my support since Aug 2011.

My name isXXXXX and I have been a stage 4 (highest) professional lawyer with the Company for nearly 4 years, and enjoy giving top notch answers to all of my customers. While I am unable to represent you or give you specific legal advise, I can provide you with legal information you may wish to consider and review so that when you do consult with an attorney in your jurisdiction, you have a basis of knowledge.

Please DO remember to only rate my answer when you are quite satisfied with my diligence and effort in accordance with your chosen transaction. I aim to provide EXCELLENT SERVICE. Until then, please stop and REPLY to me via the CONTINUE CONVERSATION button with the question concern you may still have. I will be happy to continue further and do everything I can to provide you with the service you seek. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!

That being said, with regard to your post:


A judge in Hayward, CA ruled that I support my ex-wife $500/month when I don't have any income. If this is a NEW order, was there something in your decree that allowed for a LATER award of alimony? Or, was it an original order and you simply weren't paying, money being tight?

 

Right now I owe her more than $5k and she's taking me back to court so that she can collect on Monday. Is there any way to get this ruling reversed since I had no income and had been looking for a job now for months? You can appeal the ruling, if you do it in the limited time frame allowed by your local court rules - usually 20-30 days to file a notice of appeal, so make sure to abide by that. You can also look into filing a motion for reconsideration - but that time frame is typically even shorter and won't likely extend your time to file the appeal - so you don't want to blow the appeal. You can also file a motion to Stay the Order pending appeal.

 

Thanks very much.

Optional Information:
State/Country relating to question: California

Already Tried:
I tried begging the judge to reconsider. I am a realtor and have presented a statement of income from my broker that shows very little income this year not even enough for me to survive. OK, it is true that you will be expected to look for other kinds of work - be it a minimum wage job or not - since your current vocation is not doing so hot. This is particularly so if you have had poor income prospects for quite some time, i.e. you were on notice that your vocation was not enough to pay your bills... so we are expected to do something else to pay our bills, including any valid alimony award.

 

On average I had one closing every 6 to 7 months in the last 2 years. This is the problem :( It has been so long that the Judge probably thinks you should have proactively gotten other work by now - anything - to show good faith effort.

 

If my wife is not working we'll be homeless and hungry. I understand - it is a terrible economy, and I know how hard it is to secure work, but keep trying and take whatever it is, even that which does not meet your credentials.

 

I showed the judge the foreclosure of my house and the repossession of my car to no avail. You need to appeal, possibly, particularly if you presented proof of looking for any kind of work..... consider reviewing your state statute on alimony factors.... and see if the judge failed to consider all factors. You will want to get that transcript where the judge explains WHY, and see if you can appeal based on her lack fo explanation of what was considered that ruled her way.....

HELP....It will take time! Which you likely don't have, I know, but you can file that appeal and/or motion for reconsideration (both, and expect the latter to be denied because that motion is heard by the same judge :( but if you can point to the law the judge misapplied, sometimes they DO reverse themselves rather than be subject to appeals court reversing them.


I hope this helps, although I know it is a tough spot to be in.

Please know that I am in the wake of the Hurricane Sandy and have no power once I leave here, but I will check back with you tomorrow, when I can reach this power/and internet.


Sincerely,

Alexia Esq.



-------



I think this is what you wanted to know. If not, please let me know and we can interact further. Otherwise, I wish you the best and ask that you Rate me now. HINT: I aim to provide only EXCELLENT SERVICE and ask that you click a rating on the RIGHT side of the choices OR, follow up with me if you need more follow up or clarification. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!



You can ask for me directly in the future by starting your post with "To Alexia Esq." Or bookmark this page, and go to: http://www.justanswer.com/law/expert-AlexiaEsq/



Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and presenting your issue to your lawyer if need be. I am an Attorney in the U.S. but I am not your attorney.





AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13,572
Experience: 19+ Years of Legal Practice in Family law matters.
Verified
AlexiaEsq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask AlexiaEsq. Your Own Question
AlexiaEsq.
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 13,572
13,572 Satisfied Customers
Experience: 19+ Years of Legal Practice in Family law matters.

AlexiaEsq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have a spousal support question, i have a judgment from
i have a judgment from back in 2011. i just found out that my ex is getting re-married so I was wondering if i just stop paying her or if i need to do something else … read more
socrateaser
socrateaser
1,031 satisfied customers
My ex will not pay alimony. He paid until child support was
My ex will not pay alimony. He paid until child support was done and now he owes alimony for one more year, how can I get it? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,458 satisfied customers
I need a lawyer to stop spousal support. I recently changed
I need a lawyer to stop spousal support. I recently changed jobs to care for my father which required a decrease in salary. My ex-wife does not need assistance and lives out of state. A few months ago… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
Looking for some family law child support counsel.
Hello. Looking for some family law child support counsel … read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
I need help with the enforcement of a spousal support
I need help with the enforcement of a spousal support agreement from Virginia. I live in tn the respondent lives in va...what court or state do I use to get this heard? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
I need some spousal support advice for my divorce. Ca. No a
Hi Pearl, I need some spousal support advice for my divorce … read more
socrateaser
socrateaser
1,031 satisfied customers
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT.
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
Are husbands able to get spousal support? California
Are husbands able to get spousal support? JA: Because family law varies from place to place, can you tell me what state this is in? Customer: California JA: Have you talked to a lawyer yet? Customer: … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
When does temporary spousal support end and spousal support
when does temporary spousal support end and spousal support begin. At my initial hearing I was ordered to pay $2000 per month of temporary spousal support. At the divorce hearing, the Judge ordered me… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a question concerning spousal support in Oklahoma...
I have a question concerning spousal support in Oklahoma... … read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
Can family law judge order to keep child support case at
Can family law judge order to keep child support case at family court even one parent open the claim at DCSS? I have been fighting to find my husband true income as he has been hiding it. He is a busi… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
Child support, il, searching, contacted for child support.
child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: il JA: Have you talked to a lawyer yet? Customer: searching JA: Anything else you want… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,979 satisfied customers
NJ Family Law ... Im currently providing child support for
NJ Family Law ...Im currently providing child support for my 23 year old daughter at $360 a month and my 16 year old daughter at $440 a month. These payments go to my x wife. We have joint custody and… read more
Expert James
Expert James
Doctoral Degree
11,533 satisfied customers
My exhusb. is trying to cancel out alimony and child support
my exhusb. is trying to cancel out alimony and child support in CT can that happen just becausee he asked … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Need advice with child support spousal support separation
Need advice with child support spousal support separation divorce questions … read more
Expert James
Expert James
Doctoral Degree
11,533 satisfied customers
Can I get child support and spousal support from my spouse
Can I get child support and spousal support from my spouse once we divorce because he cheated and made a baby with this other woman and left the home? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
Family law/child support. Indiana. Child support has been
yes,child support has been filed . He owes the medical fee part , there is a formula/ a percentage he owes if payments made are above what i am suppose to pay … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
The plaintiff in my family law(paternity and child support)
Hello again!The plaintiff in my family law(paternity and child support) has provided incomplete financials, missing tax and income data for 2016 and 2017. Can I file a motion to dismiss? A motion to c… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x