How to Modify or End Spousal Support
My question involves a marriage in the state of: California
This is pretty involved but I will try to summarize:
- Divorced 2006 after 26 years of marriage.
- Ex spouse received condo, my 401(k), (equity plus 401(k) = $300,000), plus $732 per month spousal support with ending date to be determined by the court
- I have since retired, re-married and moved to Texas
- My pension was awarded to me as my "sole and separate property".
- However final judgment states "Petitioner may argue I have ability to earn my previous salary until age 65. This does not create a presumption I should or should not retire before age 65."
- Ex is still in California. She lost the condo through foreclosure 2012. She was working in retail, but may have either quit or lost her job. She will be eligible for Social Security in 3 years.
Here is where it gets strange:
- She currently appears to support herself through prostitution, (advertised as "sensual massage"). She has a website, hours of availability and rates. Legality aside, calculation of her rates and hours adds up to a good chunk of change.
- She is listed in Whitepages as still living in the condo, which was resold after the foreclosure. There is another man's name at the same address. I have no idea who he is, his relationship with my ex, or anything else.
- How she is actually supporting herself and if anyone else is paying her expenses is a mystery.
Any advice will be most welcome, starting on if it is worth pursuing a petition to modify or eliminate alimony. Thanks!
Re: How to Modify or End Spousal Support
If you have grounds under the law, facts, and judgment to support a motion to terminate spousal support, then you prepare, file, serve, notice, and argue the motion.
You have shared considerable speculation, but have shared few relevant facts and have not outlined a legal or factual case for modifying or terminating support. I suggest that you consult a local lawyer with the facts, emphasizing what you can prove and why you believe that the court would terminate support based upon your allegations.
Re: How to Modify or End Spousal Support
Thank you for the information. I understand a lot of what I said is speculation, but getting actual information out of my ex is like pulling teeth. At least the alimony is a convenient tax write off, but if her circumstances do allow her to support herself I want to reduce or end what I am paying. I assume an attorney would start with her tax records since the divorce and go from there.