Spousal Support

HOLY MOLY - contact everyone you can think of - you should not have to pay him support!! CONTACT A LAWYER NOW!!

Looks as if you've already received some good advice..as stated already, you can petition the court to have the spousal support modified based off of your new income situation. I don't believe you can have anything modified based off of future anticipated earnings though. Good Luck and tell the ex to go get a second job! :)

If you don't already have a lawyer, you could retain one. Or, you can go to a place like "We The People" and they will help you with the paperwork to "do-it-yourself." I'm not a lawyer, but I would think you'll have to pay him until the business does indeed close. You could be proactive, like you are, and have the support figured out without the business, just so you're prepared. In California, spousal support is only paid for 1/2 the length of the marriage, how long were you married? (i.e., If you were married 10 years, you'd pay spousal support for 5 years.)

In the state of California, you will need to go back to court and petition to have the spousal support lowered and/or stopped.

GO BACK TO FAMILY COURT IMMEDIATELY AND LET THE JUDGE KNOW YOUR POSITION HAS CHANGED!!!! I frequently work with families that need to modify custody and financial arrangements and you will be held responsible to pay for the support until the new order goes into affect so it's REALLY IMPORTANT that you have a new order made BEFORE you owe money that you can't pay. You may not even need an attorney to do this depending on what jurisdiction you filed your family law settlement in. A law librarian or volunteer in the law library of your County may be able to help you complete these forms. Good luck! K. A

Yes, you need to talk to your attorney about filing for a modification. Good luck.

There's no easy answer on this one. The law states that support is to be based on the 'capacity' for earning, which was written in because a lot of men would quit their high paying jobs so they didn't have to pay as much. So you may be stuck. However, because you were self-employed, there may be some wiggle room.... I think it all depends on what kind of work you'll be doing afterwards. If you will get a job, then they may take your new salary, but if you decide to open another business, they may either use your past earnings, or a reasonable calculation of what you could be earning in your new business.
If you don't already have one, I'd get a good lawyer, who'd know all the in's and out's and be able to negotiate for you.

If you let the courts know, they should stop/adjust the spousel support according to your income.

you should refile before your income decreases and just attach proof
hope this helps

Hi T.,
Yes, there is something you can do. You should contact the family court in the county you live in as some counties will vary slightly. You would have to provide some type of income declaration form. They will re-do the calculations and will reduce or eliminate your spousal support.

Yes you can go back to family court and have a new set of financial records to prove you no longer have the higher income. the courthouse has a self help clinic and they can help direct you in filing the right papers. simply not paying your ex won't work well and he could sue you for back support. So get your papers and proof together and get back to family court. it can probably be worked out in mediation. good luck

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Go register at this website. You get advice from other people that have been to court in the same situation as yours plus you get free expert legal advice from a real attorney. I've used it and saved a bundle doing my own paperwork.

you can get relief but you will have to go to court to do that ... I do not know the details of your settlement decree but with mine, the spousal support is dependent on certain conditions and for certain time and so if no income is earned, the person giving spousal support will have to go back to court to get the relief ... good luck

This is all I could find about spousal support:
http://californiadivorce.info/legal.alimony.spousalsuppor...

I'm thinking the best person to pose this question to is the judge who made the original ruling but I'm talking out my rear end as I don't have any experience with this.

It seems to me that they can't squeeze blood from a stone though. So it's possible that if you don't have the money to give, they can't take it from you. But then again, when is law ever rational...

EDIT: I just found this case which is similar to yours:

" Question: My husband has been ordered to pay full maintenance to me for 3 years, then a reduced rate for 2 years after that. He has threatened to quit his job if this goes through. What happens if he quits?

Answer: Nothing happens unless he goes to court and asks for a reduction due to a change in circumstances."

So basically you have to go back to court and explain your situation to get a revision in the order, whatever that may be.

T. ~ Once you have closed your business, you will need to file an OSC Re Modification of Spousal Support. At that time you will need to ask the Court to revise your support obligation to your husband, but you cannot do it before that time. You can ask for the support obligation change, if any, to be retroactive to the date of the close of your business. But again, they will not do anything until you have actually closed your business. If for some reason you start up a new business at a different location, your ex husband can file his own OSC Re Modification based on your new income.

You have to go back to court,i don't know if they are going to make you give him any money from the sell of your business, hopefully not.how long were you married, must have been a while for the court to order you to pay spousal support? California is a really hard state to be in.good luck

You can go back to court and file a new motion to reasses your income and have your support payment lower. Anytime there is a change in income you can file a new motion. On the other hand if your ex ever makes more money than you, and the support payment is still ongoing you can request an assesment on his income and maybe he will have to pay you. Good luck

M.

i would contact your lawyer with the new information, fill out new income paperwork and have it submitted to the court for review.

if you can keep your business and relocate, i think that would be best for you in the long run. however, you can change the court order. when you are in the process of closing or selling, and you have documentation to prove it, go back to court! unfortunately, you will have to pay his support until the order is changed through the judicial system or you will be in violation of a court order. good luck to you!
B.

I was laid off when I was legally separated but not officially divorced. The court modified the support order according to the amount of Unemployment Insurance I was receiving. That reduced the payment considerably.

Note that it went back up once I got a new job, but it gave some financial relief when I needed it badly.

In the Courthouse in my county, they have Family Law Facilitators that can help with simple issues like this - for free. You may want to see if your area has something like that.

Yes you can. I've provided a link below for more information on it...and the documents you will need. For future reference, california has online access to court procedures, forms and programs to complete the documents yourself.

http://www.courtinfo.ca.gov/selfhelp/family/support/intro...

Good luck

Yes there is. You have to go to the court house and file a change in income form. I believe that you go in front of a judge and explain your situation. I would not do anything until you know for sure that this is, indeed happening.

Yes T.
If your circumstances change you may be able to re-negotiate the support amount.
The law is designed to protect you from one spouse deciding not to work as a way of avoiding payment. However, it sounds like there's a reason (beyond your control) for your business to fold so you may be able to reduce the payments.
If you think the change will be uncontested, there are lots of low-cost places in the Bay Area (see the back few pages of How to Do Your Own Divorce in California, its crammed with resources)
If you feel you should have trained representation choose one that specializes in divorce (family)law.
Good luck
J.

In CA, spousal support is probably similar to child support. As soon as your income decreases, file a claim with the court to have the amount changed accordingly. Anytime your income changes and you are paying support, you should be able to file to have the support adjusted. Unfortunately, it is a lot of paperwork to fill out and if it works the same as child support, your ex will also have to fill out paperwork, so the support you are paying may not be adjusted right away.

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=...

T.... Here is a website that might be helpful to you. I would think that under specific circumstances there might be a way to get an adjustment, but that all depends on the length of your marriage and how much more you were making and for how long. Look for information under division 9 regarding spousal support. Good luck to you! T. C.

I would definately seek out an attorney on this matter and find out facts for sure. Unfortunately my understanding is that they will base the spousal support on what you have the "ability" to make. Otherwise people would just quit jobs or get lower paying jobs to spite ex spouses. Probably not what you wanted to hear, but that is my understanding. Good luck to you.