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Spousal Support After Ex-Spouse Convicted of Domestic Battery

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  • 06-21-2011, 06:21 PM
    td76
    Spousal Support After Ex-Spouse Convicted of Domestic Battery
    My question involves divorce in the State of: CA

    I am currently paying my ex-spouse spousal support.

    If my ex-spouse has been convicted of domestic battery against me, do I still need to keep paying spousal support?

    Will the court automatically change this, or do I need to file for a modification?
  • 06-21-2011, 06:31 PM
    Dogmatique
    Re: Spousal Support After Ex-Spouse Convicted of Domestic Battery
    Yes, you have to keep paying but you can - apparently - file to modify.

    There's actually some very helpful general information about modification (with the applicable codes) here

    I'm not associated with the site at all - it's just got some great info.
  • 08-13-2011, 11:50 AM
    jimben4
    Re: Spousal Support After Ex-Spouse Convicted of Domestic Battery
    Spousal support is a family court issue. Domestic Battery is a criminal issue. One has absolutely nothing to do with the other. Mentioning the two in the same post suggests some sort of contrived relationship that simply does not exist as a matter of law. Furthermore, mentioning the two in the same post smacks of the ignorant and petty bickering that usually annoys the hell out of a family court Judge.
  • 08-13-2011, 12:00 PM
    Dogmatique
    Re: Spousal Support After Ex-Spouse Convicted of Domestic Battery
    Quote:

    Quoting jimben4
    View Post
    Spousal support is a family court issue. Domestic Battery is a criminal issue. One has absolutely nothing to do with the other. Mentioning the two in the same post suggests some sort of contrived relationship that simply does not exist as a matter of law. Furthermore, mentioning the two in the same post smacks of the ignorant and petty bickering that usually annoys the hell out of a family court Judge.



    Actually, you're dead wrong on this one.

    DV can ABSOLUTELY affect spousal support. Are you familiar with the CA code? Read the link posted.
  • 08-14-2011, 08:11 PM
    Dogmatique
    Re: Spousal Support After Ex-Spouse Convicted of Domestic Battery
    Quote:

    Quoting jimben4
    View Post
    Spousal support is a family court issue. Domestic Battery is a criminal issue. One has absolutely nothing to do with the other. Mentioning the two in the same post suggests some sort of contrived relationship that simply does not exist as a matter of law. Furthermore, mentioning the two in the same post smacks of the ignorant and petty bickering that usually annoys the hell out of a family court Judge.


    Still waiting for a response.
  • 08-14-2011, 09:29 PM
    cyjeff
    Re: Spousal Support After Ex-Spouse Convicted of Domestic Battery
    Quote:

    Quoting Dogmatique
    View Post
    Still waiting for a response.

    Psst... posting history is a must.
  • 08-14-2011, 09:58 PM
    Dogmatique
    Re: Spousal Support After Ex-Spouse Convicted of Domestic Battery
    Quote:

    Quoting cyjeff
    View Post
    Psst... posting history is a must.



    <--- St Doggie of the Perpetual "Oh come on now, PLEASE try to back up the palava you spout" :)

    Yeah, I know.
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