Legal Question in Family Law in California

Spousal Support and Retirement

My wife of 25 years and I have been divorced for 5 years. In the California divorce decree, the court awarded her 1/2 my pension and 1/2 my 401K, whick she received in a lump sum. She was also awarded $1250/month spousal support. She was ordered by the judge to seek employment which she never has. I am 58, and disabled and plan to retire. The support is a wage attachment. If I retire, do I still have to pay supprt? If it's of any importantnce, she lives in Vt. and I in Nv.

Asked on 9/27/07, 10:19 pm

4 Answers from Attorneys

Anne Marie Healy Law Offices of Anne Marie Healy

Re: Spousal Support and Retirement

Yes, you would still have to pay support. What you should do if file an Order to Show Cause for Modification of Spousal Support. You definitely have grounds for doing so. But make sure you have retired when you file it. That would also be a good time to point out to the court that she has failed to seek employment. Don't file a contempt action if anyone recommends it. The courts hate those.

Did the court put a date as to how long you have to pay spousal support?

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Answered on 9/27/07, 10:27 pm

Phillip Evans Law Office of Phillip Evans

Re: Spousal Support and Retirement

Normally when one reaches 65 they can retire and reduce their spousal support obligations, You might have an argument based on you being disabled if that has reduced your income, also the judge could impute and income on her if she refuses to work. In order to make a change you would need file and order to show cause and request the adjustment. Please contact my office if you have any further questions or need assistance

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Answered on 9/27/07, 11:22 pm
Jim Herbe Black & Lobello

Re: Spousal Support and Retirement

You would still be obligated to pay her support. However, you have several factors that could drastically affect your spousal support situation.

1) If you are disabled and placed on a fixed income, a Court would typically adjust spousal support to reflect a change in your income.

2) If your wife is still of working age and has never sought employment, you may be granted relief considering your current situation.

Contact my office if you'd like to schedule an initial consult.

Best Regards,

Jim Herbe

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Answered on 9/28/07, 1:44 am
Anita Webster Webster & Associates

Re: Spousal Support and Retirement

If the support obligation was modifiable, you will need to petition the court for a reduction or elmination of your support obligation, otherwise you continue to owe it to her.

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Answered on 9/28/07, 11:41 am

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