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I've been divorced since 1999, but spousal support stopped…

I've been divorced since...

I've been divorced since 1999, but spousal support stopped in 2000. Ex-husband worked as pilot for United Airlines. How can I claim this back support? I have not remarried.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

We were married for 20 years.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thanks.

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Answered in 1 minute by:
9/21/2017
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Did the court retain jurisdiction to modify spousal support?

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Customer reply replied 7 months ago
No

Unfortunately if spousal support terminates and the court does not retain jurisdiction to amend that order, then the court does not have the legal authority to make any adjustments.

If the court still has jurisdiction, here are the forms, with instructions.

The court can only make orders retroactive to the date the motion is filed and served, so retroactive application is not permitted.

Further questions? Please post here to continue the chat.

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Customer reply replied 7 months ago
There was no change in the order, my ex just stopped paying.

So the order continued in full force and effect?

Per Family code 291 below, it remains valid and enforceable and there is no statute of limitations; please see:

(a) A money judgment or judgment for possession or sale of property that is made or entered under this code, including a judgment for child, family, or spousal support, is enforceable until paid in full or otherwise satisfied.

(b) A judgment described in this section is exempt from any requirement that a judgment be renewed. Failure to renew a judgment described in this section has no effect on the enforceability of the judgment.

(c) A judgment described in this section may be renewed pursuant to Article 2 (commencing with Section 683.110) of Chapter 3 of Division 1 of Title 9 of Part 2 of the Code of Civil Procedure. An application for renewal of a judgment described in this section, whether or not payable in installments, may be filed:

(1) If the judgment has not previously been renewed as to past due amounts, at any time.

(2) If the judgment has previously been renewed, the amount of the judgment as previously renewed and any past due amount that became due and payable after the previous renewal may be renewed at any time after a period of at least five years has elapsed from the time the judgment was previously renewed.

(d) In an action to enforce a judgment for child, family, or spousal support, the defendant may raise, and the court may consider, the defense of laches only with respect to any portion of the judgment that is owed to the state.

(e) Nothing in this section supersedes the law governing enforcement of a judgment after the death of the judgment creditor or judgment debtor.

(f) On or before January 1, 2008, the Judicial Council shall develop self-help materials that include: (1) a description of the remedies available for enforcement of a judgment under this code, and (2) practical advice on how to avoid disputes relating to the enforcement of a support obligation. The self-help materials shall be made available to the public through the Judicial Council self-help Internet Web site.

(g) As used in this section, “judgment” includes an order.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
Experience: Experienced Family Law Attorney
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