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My ex is starting process to review support. i have a new job and won't qualify for support. We were married over 10 years.

Carlsbad, CA |
Filed under: Divorce Alimony

What should I consider about telling him he can file to end support and I won't contest it?

Attorney Answers 3


Your post does not indicate whether you are referring to child or spousal support. In either instance, if the two of you have an agreement, you can always enter into a stipulation and order that will formalize the terms of the agreement and become an order of the Court without the necessity of having a hearing. Assuming it is spousal support and the marriage is one of long duration (ie over ten years) you may want to include a provision that the Court reserves jurisdiction over the issue of future support for you, in the event that your circumstances change.

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I speculate you are referring about spousal support since you mentioned the duration of your marriage. However, you do not mention how many years total you were married. The concern about stipulating to terminating your support order is that the economy may be profitable for these days; however, how about a year or two from now? What if there is an unforeseen situation that that causes you to quit work, and have no more support coming in? These hypotheticals are endless.

At any rate, I would not recommend Stipulating to terminate alimony; rather, I would request the Court to reserve jurisdiction for the future. What if he gambles, and wins the lottery? Then you would have missed out on a lot of support.

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I strongly urge you not to give up any rights. At any rate, I would not recommend Stipulating to terminate alimony; rather, I would request the Court to reserve jurisdiction for the future. You, never know what may happen in the future. What if he hits it big at a casino, or discovers he has oil and mineral rights. Please I urge you protect your future, by protecting your rights. Best of luck.

This response will not create an attorney-client relationship between you and The Law Office of Anthony Munoz, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.

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