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This is a CA divorce alimony question. In our court order I…

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Good afternoon,This is a CA...
Good afternoon,This is a CA divorce alimony question. In our court order I was to pay my Ex $1800 month for the rest of her life or until she got married. She go married June 10th of this year. So my timeline stopped for payingHowever she is now asking for back payment of the $1800 to March 1. 2016 till June 10th 2017. Please note from March till Nov of 2017 I was unemployed and could not pay her. I know I owe the $1800, but if we come to a compromise and settle for less than the $27K. Do we have to go back into court and get it changed or may we sign an agreement to repay the new amount?
Submitted: 6 months ago.Category: Family Law
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10/9/2017
Family Lawyer: RayAnswers, Lawyer replied 6 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 46,331
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 6 months ago

You can reach a settlement here, but submit it to the court as agreed orders reflecting that you reached agreement and she is releasing you from all claims.

This should work as a form you need to complete/modify it to what you agree too.

http://www.imperial.courts.ca.gov/CourtDocumentsVB/Docs/CourtForms/FL-20.pdf

I appreciate the chance to help you today.Thanks.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 6 months ago
This case is in San Bernardino County is there a form from this county I can use?
Family Lawyer: RayAnswers, Lawyer replied 6 months ago

You have to modify the county here, I could not find one for your county, but this should be valid anywhere in California with modification of county.

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Family Lawyer: RayAnswers, Lawyer replied 6 months ago

Modifiability Of Spousal Support (Alimony) Orders

Spousal support awards and agreements, temporary as well as "permanent," are modifiable throughout the support period except as to amounts accrued prior to filing of application for modification and except as otherwise provided by agreement of the parties. [Ca Fam §§ 3603, 3651(c), 4333]

Unlike child support jurisdiction, spousal support jurisdiction does not necessarily continue postjudgment and may be divested by the terms of the order. Unless jurisdiction to award spousal support has been either expressly reserved by the order or impliedly reserved (pursuant to Ca Fam § 4336), postjudgment spousal support is limited by the stated duration of the order. [Ca Fam § 4335]

Exception: In marriages of "long duration" (presumptively 10 years or longer), the court is deemed to retain spousal support jurisdiction "indefinitely" (notwithstanding the absence of an express reservation of jurisdiction) absent written agreement of the parties to the contrary or a court order terminating spousal support. [Ca Fam § 4336(a) & (b)]

A retention of spousal support jurisdiction after a "lengthy" marriage does not limit the court's discretion to terminate spousal support in later proceedings on a showing of changed circumstances. [Ca Fam § 4336(c)]

Nonmodifiable Spousal Support Orders:

Orders Expressly Made Nonmodifiable: A spousal support order may not be modified or terminated to the extent the parties' written agreement or, if no written agreement, their oral agreement entered into in open court, expressly provides spousal support is not subject to modification or termination. [Ca Fam § 3651(d)]

Orders Of Fixed Duration: Once the spousal support period expires in accordance with a clear and unequivocal termination date or terminating event, the court has no jurisdiction to extend further support unless it retained jurisdiction expressly or impliedly under Ca Fam § 4336 in its most recent order. [Ca Fam § 4335]

However, a specified termination date does not divest the court of jurisdiction to extend support past the termination date if the order did not otherwise explicitly preclude judicial modification (Ca Fam §§ 3591(c), 3651(d)]

Modifiability Of Spousal Support Agreements

The court's authority to modify spousal support agreements is governed by Ca Fam §§ 3590-3593.

The provisions of an agreement for spousal support are subject to subsequent court-ordered modification or termination except as to amounts accrued before the date of filing the motion or OSC to modify or terminate and except to the extent the parties expressly agreed otherwise. [Ca Fam § 3591(a),(b),(c)]

An agreement for spousal support may not be modified or revoked to the extent the parties' written agreement or, if no written agreement, their oral agreement entered into in open court, "specifically provides that the spousal support is not subject to modification or termination." [Ca Fam § 3591(c) (emphasis added)]

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Family Lawyer: RayAnswers, Lawyer replied 6 months ago

You could also just reach an agreed amount and hope this prevents her from collecting.Some of these are not modifiable as you can see above, check your orders.In that case you can settle and hope she doesn't know better.

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Family Lawyer: RayAnswers, Lawyer replied 6 months ago
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