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I WAS MARRIED 31 YEARS DIVORCED 9 EX WAS SUPPOSE TO PAY ME COURT ORDERED 1200 A MONTH HE THAN REMARRIED STOPPED PAYING

Hesperia, CA |
Filed under: Alimony

WHEN HE STOPPED PAYING I HIRED A LAWYER IT ALL CAME DOWN TO I ACCEPTED A DEAL HE MADE OF 935.00 A MONTH ..WHEN IT CAME TIME FOR HIM TO PAY HE ONLY GAVE ME 300.00 HE DID IT ALL OVER AGAIN MAKING ME HIRE A LAWYER AGAIN...THIS NEW LAWYER FILED A WAGE ASSIGNMENT FR HIS RETIREMENT SINCE HE WAS APPROVED FOR MED RETIREMENT I ALSO GET MY PART FROM THE RETIREMENT MY EX THINKS CAUSE I WAS AWARDED 600.00 FR HIS RETIREMENT HE THINKS THAT COUNTS AS MY ALIMONY THAT HE WAS COURT ORDERED TO PAY MY QUESTION IS ..IS HE IN CONTEMPT SINCE HE ONLY PD 300.00 NOT THE FULL AMOUNT OF 935-00?CAN HE THIS OWN HIS OWN LOWER IT WITHOUT GETTING A JUDGEMENT? TY FOR AN ANSWER.

Attorney Answers 2

Posted

No he cannot decide to lower the amount amount of court ordered spousal support on his own. If he could, then court orders would have no legal effect at all.

Based on these facts, he probably owes a large amount of arrears. But as you have already figured out, you will probably need to hire a lawyer to help you resolve this issue by filing a contempt action, etc. The problem you seem to have had is finding the right attorney to represent you.

When you are interviewing lawyers, make sure you do your homework. Check client reviews here in Avvo and make sure the attorney doesn't have any disciplinary actions against them. You may also want to check their credentials, i.e., where they went to school, endorsements, etc.

According to my calculations, he's not a young man: 31 years of marriage, plus 9 post-divorce is 40. Assuming he was 25 when married, means he's probably at least 65. Please don't wait to obtain the money your are entitled to. Just being practical.

Make sure you provide your attorney with a copy of the Judgment, since that is the operative document to be reviewed and analyzed. Your lawyer will provide you with legal options available to you. Good luck.

If you found this answer helpful, let me know by clicking the "Mark as Good Answer" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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Posted

ty so much

Posted

We don;t have all the facts but it does sound as if he is in contempt. There may be issues related to the statute of limitations (how long has it been since he paid, etc), and other qualifying factors, so if you can you should consult with an attorney on this. And no, your receipt of your share of the community portion of the retirement does not count towards his alimony obligations to you.

Marshall Waller may be reached at 800-655-4766 or by email at: mwaller@lectriclaw.com. Follow him on Twitter: @feinbergwaller. Responses to questions posted by Mr. Waller on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and the response to the question above is not legal advice and it does not create an attorney-client relationship. If you would like to obtain specific legal advice about this issue as it pertains to your particular situation you must contact an attorney who is licensed to practice law in your state.

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ty so much for taking your time to answer question .I do have an attorney and she advised a wage assighnment so she has filed one..The only way to lift that once it is done is for him to take me bacj to modify it .Lawyer said it be less exspensive to do it with wage assighnment first..This all just stated in May all over again but last year he did the same thing other lawyer did wage assignment from his disabilty than we made a deal and he did it again failed to pay the full amount ...now it is his retirement that he is being paid from not disability ..ty

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