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I need to file a "Motion for Reconsideration" for Spousal Support, I understand I need to use a particular Format, not sure.

San Jose, CA |
Filed under: Divorce Divorce appeals

Hi, I believe a Judge Abused his Discression in dropping my Spousal Support to an unreasonable amount which wasn't based on any proof from the Respondent. I am in desparate need of finding out which Format I need to use to draft a "Motion for Reconsideration." I believe my deadline for Santa Clara County is within 10 days of the hearing which would make it the 26th, which day after tomorrow. Family Law Code Section 4320 was not followed. I have very limited income on SSI which is $620 a month, decreasing my support down to $800 makes it almost impossible to even get housing.
I appreciate any assistance or guidance on how to prepare the Motion.
Thanks very much!

Attorney Answers 3


The other attorneys are correct that abuse of discretion is not grounds for reconsideration. A motion for reconsideration is to bring in something that was missed (law or evidence) that was not reasonably available at the hearing.

If the court abused its discretion with regard to the state of the law & evidence you need to file an appeal which is a more comprehensive and complicated endeavor.

Good luck

The advice provided is general in nature and is not based on any confidential communication or information provided by the requesting party. To receive complete and specific legal advice you should consult personally with an attorney in your area.

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Abuse of discretion would not be grounds for filing a motion for reconsideration under Code of Civil Procedure section 1008(a).

Please see my response to your duplicate posting.

The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

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Disagreeing with the court in California is not grounds for reconsideration. If it were federal court clear errors of law are grounds for reconsideration.

This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.

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