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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102523
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I'm in california. I turn 65 this month. I have been paying

Customer Question

I'm in california. I turn 65 this month. I have been paying spousal support based on what I was making when I was*****too much but on the advice of my attorney because I retired at 62 - early. What steps do I need to take to get support reduced now that I'm 65?
All assets were divided in the divorce, including small retirement monthly income. The only income I receive is about $1800 in social security. I have remarried and my wife works but I don't have to use her income do I? My ex works for cash and is probably hiding income, although I thinke she claims about $4,000 on her taxes.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome 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. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. 1) The Court allows a party to file to modify spousal support.2) The party filing to modify must show "changed circumstances." This can include but is not limited to illness, unforeseen expenses, early retirement, a party remarrying, an inheritance, etc.3) One generally would also have to show that she is self-supporting. If she gets paid cash, the onus is on you to prove her FULL income. This may be done via legal discovery, subpoena, and other methods in many cases.4) You can find the forms to use HERE (scroll down). Also instructions on how to file them. However, using counsel is recommended for best results. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.