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  1. #11
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: - Husband Suddenly Cutting Off Spousal Support

    Quote Quoting tzr916
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    This is the correct situation.
    I thought so, you might want to be clearer about that sort of thing in the future.

  2. #12
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: - Husband Suddenly Cutting Off Spousal Support

    Quote Quoting tzr916
    View Post
    The husband just called her and said he is stopping the $1000/mo and wants to finalize divorce (which will also cut off the Kaiser medical). What can she expect if she gets a lawyer:
    Should we infer at this point that her husband has a lawyer and she does not?
    Quote Quoting tzr916
    - continued spousal support (how much? for how long?)
    You can see the criteria that a court will use to assess child support in the Family Code, Sec. 4320.

    As a general rule, no matter what the length of the marriage, a court will expect a spouse to become self-supporting. With a seven-year separation and with dad having custody of the kids, if mom wants spousal support she should be prepared to explain to the court why she has not been able to reach the point of being self-sufficient despite the passage of seven years. For truly permanent support a court is going to want evidence of an incapacity to work resulting from age or disability.
    Quote Quoting tzr916
    - continued medical benefits (or cash to pay for them)
    The same general thoughts apply to continued medical benefits and who should pay for them. If mom can obtain her own insurance at a reasonable cost, or if mom wishes to stay on her ex's policy through COBRA, it's reasonable for the court to ask why she should not pay for her own health benefits.
    Quote Quoting tzr916
    - access/split the retirement account
    The wife will have a claim to a portion of the retirement account. She should anticipate that her husband will argue that the date should be set at the time of separation.

  3. #13
    Join Date
    Aug 2010
    Location
    Northern California
    Posts
    13

    Default Re: - Husband Suddenly Cutting Off Spousal Support

    Quote Quoting Mr. Knowitall
    View Post
    Should we infer at this point that her husband has a lawyer and she does not?

    You can see the criteria that a court will use to assess child support in the Family Code, Sec. 4320....
    Husband apparently has papers he wants her to sign. She does not have lawyer yet.

    18 year old is away in college (paid by grandparents).
    13 year old sleeps at dad's house (daycare and home schooled by grandparents).
    Both kids were 90% cared for by the grandparents during the 8 years of separation.
    She is not seeking custody.

  4. #14
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: - Husband Suddenly Cutting Off Spousal Support

    Quote Quoting tzr916
    View Post
    Husband apparently has papers he wants her to sign.
    Explain the nature and content of those papers.

    Or, advise your friend to have them examined by an attorney.

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