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  1. #1

    Smile Evidence of Domestic Violence As an Incentive for Spouse to Waive Spousal Support

    My question involves a marriage in the state of: California
    My wife and I want to get divorced. I have evidence that my wife assaulted me. She has said she will try to get as much alimony from me as possible.

    If I use the threat of turning in the evidence of assault to the police as an incentive to get my wife to waive spousal support, and she signed such a contract, would it be deemed valid if the judge knew why she signed it?

    Or would it be better to turn in the evidence now - which means she may get arrested and I lose it as a bargaining chip - with the hope that the judge takes it into consideration when calculating spousal support?

  2. #2
    Join Date
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    Default Re: Evidence of Domestic Violence As an Incentive for Spouse to Waive Spousal Support

    Quote Quoting Lizard
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    My wife and I want to get divorced.
    Then get divorced.

    I have evidence that my wife assaulted me.
    Then call the police or let it go. Your call.

    She has said she will try to get as much alimony from me as possible.
    And you will try to get away with paying her as little as possible. This is the usual nature of such things.

    If I use the threat of turning in the evidence of assault to the police as an incentive to get my wife to waive spousal support, and she signed such a contract, would it be deemed valid if the judge knew why she signed it?
    So ... you intend to commit the crime of extortion? Really?

    Or would it be better to turn in the evidence now - which means she may get arrested and I lose it as a bargaining chip - with the hope that the judge takes it into consideration when calculating spousal support?
    Her battery against you should be of no consequence to the consideration of support.

    If you want her punished for assaulting you, call the cops. Of course, the "evidence" you have may be nothing of the sort.

    What sort of evidence do you think you have? And how long ago did this occur? If it occurred weeks or months ago, the police and the court will see it for the payback ploy it would be.

  3. #3
    Join Date
    Apr 2009
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    Default Re: Evidence of Domestic Violence As an Incentive for Spouse to Waive Spousal Support

    It would appear that domestic violence can be an issue when considering spousal support.


    read here

  4. #4
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    Default Re: Evidence of Domestic Violence As an Incentive for Spouse to Waive Spousal Support

    Quote Quoting Dogmatique
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    It would appear that domestic violence can be an issue when considering spousal support.


    read here
    Maybe. There was this case recently, and this involved a victim whose attacker went to jail, and she was still ordered to pay him alimony so I am not sure how much use this evidence would be to OP. May depend on the judge.


    http://www.nypost.com/p/news/nationa...hE9xFaZ53SAdoN

    http://blogs.findlaw.com/law_and_lif...-attacker.html

  5. #5
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Evidence of Domestic Violence As an Incentive for Spouse to Waive Spousal Support

    Yeap, I'd expect a goodly amount of discretion used.

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