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  • Spousal Support Modification

    My divorce was considered a "long term" marriage which I now pay $900 a month in spousal support. My ex wife has a college degree but due to her disability she is unemployable (?). She also lives with my daughter whose income is roughly $180,000 annually. I have since re-married and my present wife has gone on disability.

    Question:
    1. Can I file for a modication due financial hardship based on my wife's inability to presently work and bills? (we are living from pillar to post and nothing between us except the wall). There is no excessive spending (no movies, no yard sales just the bare necessities of staying above water).

    2. Does the courts consider or should have considered whether my ex wife is using my spousal support for rent (rent to her own daughter, I think not).

    For all intend and purposes from reliable sources (relatives). All she does is sit on her dead can all day.

    3. Can she collect spousal support and monetary support from SSI (SDI)?

  • #2
    Re: Spousal Support Modification

    I wish to inform you that in case of modification of spousal support the court takes into consideration the new financial hardships. You can inform the court that since your new obligations have put you in a financial hardship and it is therefore not possible for you to pay the same spousal support to your ex-spouse. Further, the court considers all the factors including the needs and requirements of your ex spouse. Generally, spousal support cannot be collected from SSI (SDI). It is considered as the minimum amount needed for a person and hence SSI is not garnished for spousal support.

    AFF

    Comment


    • #3
      Re: Spousal Support Modification

      I want to thank you for you very informative response, that's what I probably would have gotten, if that, from this lawyer who wanted to charge $150.00 for 30 mins (again I think not). Now, I can research the form needed and any and all documents needed.

      My mail contention mainly has been, why would you need to maintain a previously lifestyle if you don't have one now and secondly, you've got a roof over your head. If you're paying your daughter rent, you should have documentation proving that.

      Once again, thank you very much........thumbs up.

      I'm not one to shun my responsibility and spousal support was never an issue BUT the amount considering California is a Community Property state which does the man no favors. If I had have been in a non CPS, playing on a level playing field she would have gotten no where what's she getting but that's neither here nor there.

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      • #4
        Re: Spousal Support Modification

        Thank God no SSI problem. I was wondering about that too.

        Comment

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