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My ex and I had a very amicable divorce. We did it ourselves and quickly. we had a personal and verbal agreement on the amount

Santa Clarita, CA |

that he would give me in alimony. I was a stay at home mom for the 24.5 years. He earned a great deal of money. We agreed to $1800. per month. He recently got married last Jan. and he lowered to $1550. per month stating that the $250 will be my contribution to income tax. This year he is stating that he wants to go to court to rescind our agreement. He says that if I do not respond to him he will no longer continue with our agreement. Im lost and scared and not sure what to say to him. He is a well educated man and I am a high school gradutate.

Attorney Answers 3


You need to get yourself to an EXPERIENCED family law attorney, who can get you an enforceable ORDER for spousal support (alimony), so that your ex can't simply "change the deal" whenever he wants. Once you've spoken to an experienced attorney, you'll have a MUCH better idea of what may or may not happen if you go back to court.

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I am sorry that you are going through this. Most personal and verbal agreeements will have little legal affect the constant stream of payemnts will help support your argument but you do need a formal agreement. I suggest you retain a local CA attny and I wish you all the best, take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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My best advice would be to beat him to the punch and hire a lawyer to sue him for spousal support. Your lawyer can tell the court about the agreement, and show evidence that he's been paying it consistently up until he got married. Then ask the court to continue that amount. He will of course respond by asking the court to lower it - but it sounds like he's going to do that anyway. And you'll now have the upper hand by filing first. Make sure your lawyer understands that there are specific statutory factors that help a judge to determine a fair amount of spousal support - it has to do with the different capacities for earning, the length of the marriage, and the standard of living during the marriage. These things will have to be proven at a trial
Good luck!

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