Results 1 to 6 of 6
  1. #1

    Default How to Argue to Terminate Alimony Based on the Length of the Marriage

    My question involves a marriage in the state of: California

    Hi,

    I'm trying to write a motion to terminate spousal support (not child support, we don't have children).
    For it, I need to quote the relevant family code laws. My marriage was 7 years, so the support period should be 3.5 years as far as I have read, but there is no law that specifies this (checking the California Family Code). When citing it, what is it called? Is it precedent or what?
    It might not fly well if I mention that "everybody on the web says that it is half the time of the marriage." If it is precendent, where is that one? I assume that there was one landmark case which formed the precedent. How can I find out about it?

    Thanks

  2. #2
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    179

    Default Re: Motion to Terminate Alimony: How to Cite Length of Support in Motion

    Try looking for Forms on your County Court's site/web page, Domestic Relations division.

  3. #3
    Join Date
    Jun 2010
    Posts
    627

    Default Re: Motion to Terminate Alimony: How to Cite Length of Support in Motion

    Quote Quoting pro_per_divorcer
    View Post
    My question involves a marriage in the state of: California

    Hi,

    I'm trying to write a motion to terminate spousal support (not child support, we don't have children).
    For it, I need to quote the relevant family code laws. My marriage was 7 years, so the support period should be 3.5 years as far as I have read, but there is no law that specifies this (checking the California Family Code). When citing it, what is it called? Is it precedent or what?
    It might not fly well if I mention that "everybody on the web says that it is half the time of the marriage." If it is precendent, where is that one? I assume that there was one landmark case which formed the precedent. How can I find out about it?

    Thanks
    Where did you read it? Was it opinion or did it refer to something tangible?

  4. #4
    Join Date
    Jul 2018
    Posts
    1,207

    Default Re: Motion to Terminate Alimony: How to Cite Length of Support in Motion

    Quote Quoting pro_per_divorcer
    View Post
    For it, I need to quote the relevant family code laws. My marriage was 7 years, so the support period should be 3.5 years as far as I have read, but there is no law that specifies this (checking the California Family Code). When citing it, what is it called? Is it precedent or what?
    I'm not entirely sure what you're asking -- i.e., what "it" refers to when you talk about "citing it." The idea that, for a non-"long term" marriage (i.e., a marriage that lasted less than 10 years), spousal support "should be" ordered for half the length of the marriage is nothing but a rule of thumb. There is no law that says that. There may be case authority about this.

    However, you wrote that you're filing a motion to terminate spousal support, which must mean that you're already divorced and some period of time has passed since your divorce judgment was entered. What does your divorce judgment say about when spousal support terminates? It should specify that spousal support is payable for some period of time. However, if it wasn't properly drafted, it may say nothing. Who drafted the divorce judgment, and is the divorce judgment based on a marital settlement agreement between you and your ex-spouse? If your divorce judgment is silent about when spousal support terminates, an argument after the fact that it ought to terminate for no reason other than the passage of some period of time isn't going to be persuasive. If your or the court's intent was that spousal support should terminate after 3.5 years, why wasn't that mentioned in the divorce judgment? If, in fact, the divorce judgment is silent about this, you're likely to have to make a fact-based argument that the former spouse receiving the support no longer needs it.


    Quote Quoting pro_per_divorcer
    View Post
    I assume that there was one landmark case which formed the precedent. How can I find out about it?
    Bad assumption. I suggest you either hire a local family law attorney or spend some quality time at the county law library with The Rutter Group's Family Law practice guide.

  5. #5

    Default Re: Motion to Terminate Alimony: How to Cite Length of Support in Motion

    Quote Quoting jumanji
    View Post
    Where did you read it? Was it opinion or did it refer to something tangible?
    This is mirrored on any website by any lawyer that offers his/her service for divorce proceedings. I have never read anything else: More than 10 years marriage: Depends, special rules apply, support might last a long time. less than 10 years: Half the time of the marriage applies for support period.

    Quote Quoting pg1067
    View Post
    I'm not entirely sure what you're asking -- i.e., what "it" refers to when you talk about "citing it." The idea that, for a non-"long term" marriage (i.e., a marriage that lasted less than 10 years), spousal support "should be" ordered for half the length of the marriage is nothing but a rule of thumb. There is no law that says that. There may be case authority about this.

    However, you wrote that you're filing a motion to terminate spousal support, which must mean that you're already divorced and some period of time has passed since your divorce judgment was entered. What does your divorce judgment say about when spousal support terminates? It should specify that spousal support is payable for some period of time. However, if it wasn't properly drafted, it may say nothing. Who drafted the divorce judgment, and is the divorce judgment based on a marital settlement agreement between you and your ex-spouse? If your divorce judgment is silent about when spousal support terminates, an argument after the fact that it ought to terminate for no reason other than the passage of some period of time isn't going to be persuasive. If your or the court's intent was that spousal support should terminate after 3.5 years, why wasn't that mentioned in the divorce judgment? If, in fact, the divorce judgment is silent about this, you're likely to have to make a fact-based argument that the former spouse receiving the support no longer needs it.




    Bad assumption. I suggest you either hire a local family law attorney or spend some quality time at the county law library with The Rutter Group's Family Law practice guide.
    The divorce is still running, there was no final judgement. The support that was ordered does not have a end date. Originally, the marriage was considered 12 years long, now that got corrected to 7 years by a trial on length of marriage. By that, my wife and me separated in 2006 and have not been together ever since. The Divorce got started in 2010.
    My ex has not done good faith efforts on becoming self supporting in all that time. She has not followed a seek work order where she was obligated to report her work search efforts to me, even after I repeatedly reminded her of it.
    After what happened, it is clear to me that her whole motivation was to try to seek support alimony from me, while she did not want to work (citing health issues, which were never documented in court). I paid her support from 2011 till 2014 when I lost my job. The amount of support has been reduced to zero then. I have been ill myself and unable to work, at this point, I have been homeless for 3 years without income.
    I want the support order gone, the divorce has been taking 10 years and it has ruined my financially, legal costs are a killer.

  6. #6
    Join Date
    Oct 2006
    Posts
    15,210

    Default Re: Motion to Terminate Alimony: How to Cite Length of Support in Motion

    Quote Quoting pro_per_divorcer
    View Post
    This is mirrored on any website by any lawyer that offers his/her service for divorce proceedings. I have never read anything else: More than 10 years marriage: Depends, special rules apply, support might last a long time. less than 10 years: Half the time of the marriage applies for support period.



    The divorce is still running, there was no final judgement. The support that was ordered does not have a end date. Originally, the marriage was considered 12 years long, now that got corrected to 7 years by a trial on length of marriage. By that, my wife and me separated in 2006 and have not been together ever since. The Divorce got started in 2010.
    My ex has not done good faith efforts on becoming self supporting in all that time. She has not followed a seek work order where she was obligated to report her work search efforts to me, even after I repeatedly reminded her of it.
    After what happened, it is clear to me that her whole motivation was to try to seek support alimony from me, while she did not want to work (citing health issues, which were never documented in court). I paid her support from 2011 till 2014 when I lost my job. The amount of support has been reduced to zero then. I have been ill myself and unable to work, at this point, I have been homeless for 3 years without income.
    I want the support order gone, the divorce has been taking 10 years and it has ruined my financially, legal costs are a killer.
    The support order was reduced to zero and you haven't paid anything in 5 years. What is your motivation for trying to get the order completely stopped now?

    If your divorce is not final after 10 years, then you need to blame yourself as much as you blame your wife.

    1. Sponsored Links
       

Similar Threads

  1. Spousal Support and Alimony: Does a Period of Separation Count Toward the Length of a Marriage for Alimony
    By lawfacts in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 01-20-2017, 08:36 AM
  2. Common Law Marriage: How to Determine the Length of a Common Law Marriage
    By lawfacts in forum Marriage, Cohabitation and Civil Unions
    Replies: 1
    Last Post: 12-27-2016, 10:54 AM
  3. Modification of Custody: Can You Argue Limited Parental Involvement to Argue for Sole Legal Custody
    By FLT005 in forum Child Custody, Support and Visitation
    Replies: 10
    Last Post: 08-08-2013, 07:09 PM
  4. Spousal Support and Alimony: Judge Denied Motion to Terminate Alimony
    By GMFWoodchuck in forum Divorce, Annulment and Separation
    Replies: 6
    Last Post: 04-18-2013, 05:54 AM
 
 
Sponsored Links

Legal Help, Information and Resources