Legal Question in Family Law in California

Alimony and change of circumstances?

As part of my divorce, my spouse and I agreed upon an amount of alimony she was to recieve for a period of 1 year. At the time, I was in full time employment and making good enough money that it was not a problem to do that. Shortly after, however, my working hours were cut (I am contract employed) and my earnings dropped to half what they were. This made it very difficult to keep paying the full amount to her every month. Right now my job situation is in a state of flux, and I'm earning very little: just enough to pay for my accomodation and food every month. My ex-spouse is now calling to harass me because I haven't sent her full payments because I don't have the money, and demanding I catch up. What are my rights here? Can I get the level of alimony reduced or removed, and how?


Asked on 10/23/02, 3:24 pm

2 Answers from Attorneys
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Alimony and change of circumstances?

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Spousal Support (which used to be called alimony) may be modified upon a showing of a change of circumstances (i.e., loss of employment, significant change in compensation, et cetera). However, the court can make the modification retroactive only to the date that you file for issuance of the Order to Show Cause. Therefore, every day that goes by is another day of "alimony" you owe at the previous higher amount. Contact an experienced Family Law attorney in the California County where the most recent court order originated for specific advise and possible representation on your behalf.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 10/23/02, 3:49 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Alimony and change of circumstances?

Because of the change of circumstances in your employment, you are required to file an Order To Show Cause for modification of spousal support, as a result of those changed circumstances. If you do not take steps to modify the underlying Order, you are stuck paying under the old order, plus 10% interest on any unpaid spousal support. The papertwork is relatively easy to fill out.

Good luck to you!

Brian Levy, Esq.

Law Offices of Brian Don Levy

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Answered on 10/23/02, 6:43 pm


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