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  1. #1
    Join Date
    Mar 2015
    Posts
    5

    Question Can You Challenge a Spousal Support Order by Disputing the Validity of Your Marrage

    My question involves a marriage in the state of: California

    My Divorce Notice of Judgment was just entered a week ago. This was a 2 1/2 year divorce proceeding. I am the Respondent. I paid around $23,000 in temp. spousal support and arrears and am now paying monthly spousal support to my ex.
    I just found out that my ex was not divorced from her first husband when she married me. Her divorce from husband no. 1 is still not final to this date so my marriage to her should be void.

    My question is this: I know that spousal support is not modifiable retroactively. I have paid the $23,000 in temp. spousal support, approx. $4,500 in spousal support since the final hearing a year ago, I was court ordered to and paid $7,500 to her attorney, and paid approx. $10,000 to my own attorneys for this case.

    Can I ask that the court terminate all spousal support as my marriage is void or do I now have to file for an annulment even though we have a final judgment.

    Also, Can I ask that the court order her to repay me all of the spousal support and the arrears and all attorney fees and court costs as she told me that she was divorced before we got married and she was not?

    Any information regarding this is appreciated. Thank you.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,749

    Default Re: Paying Spousal Support and Just Found Out My Marriage is Void

    You should contact your attorney and see if it's not too late to do anything about this.

  3. #3
    Join Date
    Mar 2015
    Posts
    5

    Default Re: Paying Spousal Support and Just Found Out My Marriage is Void

    Unfortunately, at this time I am In Pro Per

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Paying Spousal Support and Just Found Out My Marriage is Void

    so how did you just now discover this information?

  5. #5
    Join Date
    Mar 2013
    Posts
    18,004

    Default Re: Paying Spousal Support and Just Found Out My Marriage is Void

    Quote Quoting MSi
    View Post
    Unfortunately, at this time I am In Pro Per
    Too bad.

    You're in a complicated legal spot and it's going to take a pro to get you out of it, not a pro se.

  6. #6
    Join Date
    Mar 2015
    Posts
    5

    Default Re: Paying Spousal Support and Just Found Out My Marriage is Void

    I found the case report for her first marriage and it is pending. I talked to the court and they have no record of it being finalized. It may even be only a paternity case rather than dissolution. I am going to go pull the file from the archives soon.

    I have handled a lot of the case myself to date. I just need to know how to approach this.

  7. #7
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Paying Spousal Support and Just Found Out My Marriage is Void

    If it's a paternity case, then you're not going to be pulling anything...

    However, how are you sure that it wasn't filed and finalized elsewhere? Have you checked all 52 counties in CA and if the first husband lived in a different state, checked there? Oh, and your marriage is voidable, but it's not void until a court says it is.

    JK is correct, you need an attorney. I can remember a case where this exact same thing happened and the husband did not like the outcome.

  8. #8
    Join Date
    Mar 2015
    Posts
    5

    Default Re: Paying Spousal Support and Just Found Out My Marriage is Void

    What was the outcome, I'd really like to know? She isn't aware that I know this info. and I may just let it go and go for a modification. Not sure yet. Another reason that I'm gathering info.

    I know where she was at the time as she lived with me and I know where her 1st husband was as he lived close and his kids lived with me. It is for sure in LA County. The only other possibility would be Riverside County and I did a search there just in case.

    Thank you about the "voidable".

    The case no. starts with a D and the court said that is "divorce" although they've changed their numbering system since then. The Case Type says Petition-Cust. & Support of Minor (General Jurisdiction). I'm going to pull it just in case because the original filing date was in 1989 and the Case Summary only shows filings in 2002 when she went back to try to get more child support.

    The status of the case is "Pending".

    Thanks for any insight.

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Paying Spousal Support and Just Found Out My Marriage is Void

    If you're looking at a divorce with children, dating back to 1989, odds are that the divorce was granted in 1989 or 1990 and what is "pending" pertains pertaining to child support, custody or visitation.

  10. #10
    Join Date
    Mar 2015
    Posts
    5

    Default Re: Paying Spousal Support and Just Found Out My Marriage is Void

    Thank you. I will check and post an update. I do believe that is a huge possibility.

    Other reasons that I think that the divorce may not have been filed at all is that she lies and is deceptive. For example: she hid the fact that she had children from me until I was already "in" a relationship with her; in our current divorce she was twice ordered to prepare the order for a bifurcation in our marriage and did not; she won't sign the final judgement; she won't do any of the things that we stipulated to in an agreement such as signing over car titles, paying back due taxes, etc. She doesn't file timely, she doesn't serve timely (or at all), etc.

    Really, the only thing that she does is petition for the divorce and support and never follows through with anything that doesn't pertain to her getting money.

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