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I filed a spousal support giving up my rights and now I

Customer Question
I filed a spousal...

I filed a spousal support giving up my rights and now I don't want to give up my rights I wanted to do a cost of living raise.

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

Sacramento california

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

No, I don't know how to correct the mistake

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

Yes, I was getting spousal support, my husband and I are still married but we are separated and he took me off his medical from his job. this happened in 2015. after I had a heart attack this was my first heart attack, his medical plan called me at home and told me that he had taken me off and to wish me luck, they said they were going to enter me into their heart program. so I didn't know what to do so I went to the welfare and got on medicare now the welfare says I have to get off their plan and start paying half the doctor took me off work gave me a pace maker, a stent. welfare says if I give up my rights the would reinstate me, but they lied because I did do an appeal with the welfare department.so I need to change my paper work, the court says this is fraud not to carry your wife while you are still married. and I attached a copy of the marriage certificate and I paid for my copy they said no divorce papers found.

Submitted: 5 months ago.Category: Family Law
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Answered in 7 hours by:
11/21/2017
Family Lawyer: LegalGems, Lawyer replied 5 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
Experience: Experienced Family Law Attorney
Verified

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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Family Lawyer: LegalGems, Lawyer replied 5 months ago

I am sorry to hear of your health issues compounded with the divorce/financial issues; that is a very difficult time.

Can you tell me if a judgment of legal separation has been entered? If so did it include a waiver of spousal support? Did the court retain jurisdiction to modify spousal support?
Did the order address the issue of health insurance-who must provide it?

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Customer reply replied 4 months ago
you are moving way ahead of yourself. I need to know what do I need to file to reverse my spousal support back to me. nothing has been filed as far as no separation through the court, the and no divorce filed. in 2011 the divorce paper was filed incomplete and we were going to try to reconcile my court date is in January , my main concern is to stop this action and I do need the money for cost of living, I am receiving the lowest amount the judge told me to come back but I never did.
Family Lawyer: LegalGems, Lawyer replied 4 months ago

I'm not clear on the situation;

so to be clear, there was a temporary spousal support order entered but then the divorce was dismissed due to the papers being incomplete?

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Customer reply replied 4 months ago
I believe there were a permanent spousal support order, this was for spousal abuse and the judge told me to come back later. in 2011 my husband and I were trying to reconcile our marriage, so we did not complete the divorce. it shows in the system incomplete so we have not done anything towards the divorce.
Family Lawyer: LegalGems, Lawyer replied 4 months ago

Thank you for that clarification; after there has been no motions or proceedings on a family law matter for 5 years, the court on its own motion, or the parties, may move to dismiss the proceeding for failure to prosecute.

That is discussed here:

http://saclaw.org/wp-content/uploads/sbs-motion-for-mandatory-dismissal.pdf

Alternatively one may file a motion to modify as any existing court order remains in full effect until terminated by the court or modified;

Forms and instructions are below:

http://www.courts.ca.gov/1250.htm

I hope this helps!

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