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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 102143
Experience:  Private practice in several areas, including immigration
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I married a British citizen in 1997. She held a card and is

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I married a British citizen in 1997. She held a green card and is a permanent resident. In 2012 we separated and divorce was final in April 2015. I have been paying spousal support since June 2012. She left the USA in may 2014 and has not returned to the USA. Can I petition to stop alimony payments if she has given up her legal permanent residency? It's my understanding of the law that I am entitled to request termination of spousal support based on this fact coupled with the probability that she may not have filed income taxes on the spousal support she was paid. What are my rights? Richard
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.
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I am sorry to hear about this situation. In CA, alimony may be "revisited" if there is a SUBSTANTIAL CHANGE. Specifically giving up lawful residence by itself is stated, but this does work to one's advantage.
First, see here. Scroll down to "Modification Of Spousal Support Orders" and "Termination Of Spousal Support Orders."
EITHER/BOTH may be argued in a petition to MODIFY alimony, and hopefully the Court would simply drop it. Also, since she is in UK, she may be at a disadvantage to appear in court, making this much more probable that the Court would rule in one's favor.
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