Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am very sorry for your situation. Do I have a case?
The answer is yes
, although you may wish to wait a few months before seeking to file the pleading to amend. Allow me to explain why.
Once the matter is finalized, one only has a limited amount of time to file an appeal or a motion for new trial
, which is 30 days, normally. Since the time has run out, you may have to file a new pleading simply seeking to modify
the spousal support (modified can mean reduced, or terminated).
But you may wish to wait a few months. This is because if you file now, it will look as though it is a "knee-jerk" reaction. However, in a few months, one may have time to gather more evidence that illustrates the case better. One would also have to show a "substantial evidence of a material change of circumstances" to allow for modification of alimony
. In re Marriage of McCann, 41 Cal. App. 4th 978 - Cal: Court of Appeal, 4th Appellate Dist., 3rd Div. 1996
In other words, the Court may wish to see that he really does not need it. If your case of him lying falls apart, you may want to fall back on that (i.e. him not needing it), which you may be able to prove better in a few months, once it is shown that he is living a more comfortable life than the Court believes he would.
Finally, if finance is an issue to retain counsel (which is strongly recommended), I can recommend three resources. First, here is a list of all pro bono work in the state...http://www.abanet.org/legalservices/probono/directory/california.html
…and another list:http://www.lawhelp.org
Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:http://www.hg.org/law-schools-california.asp
I hope this helps and clarifies. Good luck.
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