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  1. #1
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    Aug 2010
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    Default Spousal Support for Disabled Ex Spouses in California

    My question involves divorce in the State of: California

    Ex wife is 59 yrs old; date of separation was summer 2006 just 34 days shy of the 10th anniversary; lived together before marriage : over 3 months which would put it over 10 years of being together. There are no children. Husband is foreign nat'l who has since remarried another foreign national from his country. Ex wife had sponsored him for a Green Card.
    Date of divorce: Fall 2008; date of separation: Summer, 2006.

    Ex wife is on Social Security Disability Fall 2007. Has not worked but is sick of stress and psychological damage, on 10 medications currently for physical and mental ailments.

    Petitioner (husband) abruptly stopped support or payment of bills Spring 2010 and has just resumed in summer 2010 per court order. He missed 2 payments and was not penalized by the judge. Husband makes $175K per year, not counting extras. There was no spousal support order as he continued to pay the bills and mortgage.

    Now, he wants the marriage to be found as a short duration, and not pay further spousal support. Wife gets under $1450 a month from Social Security and has minimal retirement assets. Husband has a 401K Plan, 2 pensions that are small and house share, besides being capable of earning a very good income. Per previous judge, epstein barr credits were waived and she reserved her judgment to rule on the length of the marriage. This new judge will pick up on the case but is doubtful how she will rule.

    Now, this new judge has been ruling in his favor. He rec'd no penalties for late payments to wife to help with her many medical bills, judge did not make him pay wife's medical insurance premiums, he is not paying certain maintenance on the house either.

    Ex wife needs his share of house to get housing vs paying any high rents and the 2 small pensions as income for her many bills. This would be his share as he continues to earn high income. Husband is over 4 years YOUNGER than the wife but is a functional alcoholic.

    What are the ex wife's prospects to get a lumpsum settlement from ex husband that is not measured by 5, or 10 year time. If we count the first 4 years, he supported her, he did not pay the full amount she was just awarded by the court, which is still short of the bills she faces each month and has a shortfall of $2,000 monthly.

    After much research of CA Family law, I could not find anything for disabled spouses ON Soc Sec Disability. Please advise ASAP.

  2. #2
    Join Date
    Apr 2009
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    Default Re: Spousal Support for Disabled Ex Spouses in California

    Epstein Barr is a virus - could you please explain where "credits" come into play in a divorce/alimony action?


    Is the divorce actually over and done with?

    What does the order actually say - word for word - about the ex-husband's obligations?

    Who are you in this?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
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    Default Re: Spousal Support for Disabled Ex Spouses in California

    I am the ex wife. Epstein something credits. Yes epstein barr is a virus. Now husband's lawyer wants epstein credits. I'm not sure what it means. The divorce was done ex parte or bifurcated since he was getting married in May 2009 to 2nd wife in Europe.

  4. #4
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    Default Re: Spousal Support for Disabled Ex Spouses in California

    OK..basically what your ex-husband is trying to do is "charge" you with some of the costs incurred after the separation and get credit for the amount charged to you, in order to avoid or reduce future financial obligations.

    (I do apologize - it's getting late and "Epstein Credits" didn't actually occur to me at first)

    I honestly recommend you do whatever it takes to get an attorney; I'd hate to see you white-washed like this and I fear that without an attorney that's exactly what may happen.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
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    Default Spousal Support for Disabled Ex Spouses in California

    Attention: California Family Lawyers from Southern California wanted for replies to this post thread on spousal support for disabled ex spouses in California who are actually on Federal Social Security Disability.

    Time is of importance here.

    I have an attorney and we are trying, or me, to strengthen my case since I could not find anything in CA Family Law. Please continue to help me as we have a hearing on this soon. HELP!!!

  6. #6
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    Default Re: Spousal Support for Disabled Ex Spouses in California

    You have an attorney?

    Then...what do you expect to gain from an internet forum?

    It would be irresponsible for us to second-guess your attorney who knows your case and all of the relevant facts!
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
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    Default Re: Spousal Support for Disabled Ex Spouses in California

    I don't feel satisfied so I'm researching myself any cases that explain exactly what the CA law says for spousal support for federally disabled spouses. I want to read those cases and see what happened. Please continue to help me.

  8. #8
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    3,487

    Default Re: Spousal Support for Disabled Ex Spouses in California

    The reason why you can't find anything in the family code that specifically speaks on spousal support for federally disabled spouses is because there's nothing there.

    Your ex husband is not going to be totally responsible for supporting you for life. You may want to prepare yourself for that. Your attorney should be answering your questions as they are the only ones that have the specifics of your case.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  9. #9
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    Default Re: Spousal Support for Disabled Ex Spouses in California

    I cannot believe that there have been no other ex spouses who are on Soc Sec Disability and were divorced and have no rights? This is ludicrous! Please cite some cases for me so I can read them at home.

  10. #10
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    Default Re: Spousal Support for Disabled Ex Spouses in California

    EX spouses only have the rights that are afforded to them in the judgment of divorce. If he wanted to support you forever, take care of you forever and treat you as his wife, he would have kept you as his wife. Otherwise, there is no benefit of divorce. However, you're free to read the family code from cover to cover, then go on Lexisnexis or Westlaw and read to your heart's desire.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

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