Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

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: 7 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 7 hours by:
11/21/2017
Family Lawyer: LegalGems, Lawyer replied 7 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,392
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!

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 7 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?

Ask Your Own Family Law Question
Customer reply replied 7 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 6 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?

Ask Your Own Family Law Question
Customer reply replied 6 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 6 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!

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,392
13,392 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems 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

11,971 satisfied customers

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

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 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.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
If divorce declares "not spousal support/alimony as of a
If divorce declares "not spousal support/alimony as of a specific date and husband pays the wife a personal amount of money and then declares it a spousal support.....can this actually be considered i… read more
Ray
Ray
Lawyer
Doctoral Degree
33,048 satisfied customers
Can spousal support be garnished by debt collectors if that
can spousal support be garnished by debt collectors if that is youre only income due to disabilty? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I filed for legal separation then divorce in 2010 I was
I filed for legal separation then divorce in 2010 I was married to my wife for about 9 years. There was a hearing she didn't show up so on 0/30/2013 I filed REQUEST TO ENTER DEFAULT ON THE 1ST AMENDED… read more
LegalGems
LegalGems
Lawyer
13,392 satisfied customers
My wife and I are separated, not a legal separation. I am in
My wife and I are separated, not a legal separation. I am in California living in a room in my brothers house, my wife is in ***** *****ving with her boyfriend. I am currently attending school and wil… read more
Ray
Ray
Lawyer
Doctoral Degree
33,048 satisfied customers
When you file for divorce does spousal support retro to the
When you file for divorce does spousal support retro to the date you file or when you left? I've been gone 7 months because of a domestic situation but am contemplating filing. I'm also 7 months pregn… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,509 satisfied customers
Me and my husband are legally separated do I still have to
Me and my husband are legally separated do I still have to have his signature on my for 1KI wanna take out a loan we have split our Assets … read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,509 satisfied customers
What is a legal separation. Ca. Is legal separation
what is a legal separation JA: What steps have been taken? Have any papers been filed in family court? Customer: no JA: Family law varies by state. What state are you in? Customer: ca JA: Anything els… read more
Ray
Ray
Lawyer
Doctoral Degree
33,048 satisfied customers
I was divorced in 2016 and am paying spousal support. (No
I was divorced in 2016 and am paying spousal support. (No children) I lost my job last week, and am looking for a new job, but in the meantime I do not have an income I would like to temporarily adjus… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,905 satisfied customers
What diff between apl and spousal support. At family court
hi JA: Hi. How can I help? Customer: what diff between apl and spousal support JA: What steps have been taken? Have any papers been filed in family court? Customer: at family court yesterday JA: Famil… read more
LegalGems
LegalGems
Lawyer
13,392 satisfied customers
What is the difference between divorce and legal separation?
what is the difference between divorce and legal separation? are assets divided in legal separation? what about parenting?… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,828 satisfied customers
I have a legal separation case from 2011 in which I the
I have a legal separation case from 2011 in which I the judgment terminated the right to spousal support, We ended up living together after that until March 2018 in which we are now trying to get a di… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,166 satisfied customers
The spousal support laws for IRS are changing in 2019. I'm
The spousal support laws for IRS are changing in 2019. I'm wondering if the new law would still be seen as income while renting an apartment or can the landlord deny the apartment based on the IRS tax… read more
Ray
Ray
Lawyer
Doctoral Degree
33,048 satisfied customers
I'm considering a legal separation from husband of 18 years
I'm considering a legal separation from husband of 18 years instead of a divorce in the State of Alabama. What is the difference? We have three children ages 17, 13, and 8, and I would like to remain … read more
Sue
Sue
Juris Doctorate
527 satisfied customers
How can I file a temporary spousal support complaint when
How can I file a temporary spousal support complaint when I'm not allowed my atty only is and he will not do it, He has been paid over 25,00 and I cannot afford another lawyer?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,236 satisfied customers
I need legal advice about a legal separation or divorce. Is
Hello I need legal advice about a legal separation or divorce. Is am disabled. Suffered a stroke in May 2016. Our son was Murdered in August 2016. Thatsame month August I found out my husband is havin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can my ex wife take me for spousal support? No fault divorce
Can my ex wife take me for spousal support? No fault divorce was final Feb 20th. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In Texas is it possible to divorce and legally separate, but
In Texas is it possible to divorce and legally separate, but not physically separate. … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,166 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

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