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  1. #1
    Join Date
    Jun 2011
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    15

    Default 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?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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.

  3. #3
    Join Date
    Aug 2011
    Posts
    26

    Default 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.

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default 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.

  5. #5
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default 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.

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default 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.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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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