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  1. #1
    Join Date
    Oct 2014
    Posts
    4

    Default How to Amend Spousal Support Left Open in the Divorce Judgment

    My question involves a marriage in the state of:CA
    My exhusband and I were married for 24 years, and were divorced 2 years ago. We have 3 children. We made verbal contracts that he would give me a certain amount of child support for each child until the age of 21 in exchange for me not requesting spousal support. He has since gone back on his word. How can I go back and request both spousal support and child support now after 2 years of divorce? I agreed to verbal contract in hopes we could remain amicable. I was naive.

  2. #2
    Join Date
    Feb 2011
    Posts
    576

    Default Re: During Divorce Left Spousal Support Option Open, How Easy is It Request After 2 Y

    It was very foolish to make any such verbal concessions on child and spousal support during your divorce without an attorney.

    California is different than most states in that it allows the court to retain jurisdiction over post divorce issues such as spousal support arising from long term marriages. But you NEED to speak with an attorney or two in your area who can review your divorce decree and best advise you on what your options (if any) are now regarding spousal support.

    The child support matters should be less complicated, but should still be handled by an attorney.

  3. #3
    Join Date
    Oct 2014
    Posts
    4

    Default Re: During Divorce Left Spousal Support Option Open, How Easy is It Request After 2 Y

    I know it was very foolish. In my defense, after growing up with this man and being married to him for half my life, I trusted him.
    Thanks for the advice, I will seek legal advice.

  4. #4
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: During Divorce Left Spousal Support Option Open, How Easy is It Request After 2 Y

    The court will not order him to pay support until the age of 21, as the law doesn't provide for it. That could only happen if there was a mutual voluntary agreement, and since he's not paying it, he obviously no longer agrees. Support will continue until the youngest child reaches their 18th birthday provided they have finished high school and if they're still in high school at their 18th birthday, then until they finish high school or until their 19th birthday, which ever comes first.

    As for spousal support, you simply need to make a motion for support. The court will absolutely look at how you have been able to support yourself for the last 2 years without support, what measures you've taken to be self sufficient and your need for support. They will also (obviously) look at his ability to pay support.

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