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MY EX HUSBAND WILL BE ABLE TO STOP PAYING ALIMONY IF REMARRIED. IS THIS NORMAL CA LAW FOR SPOUSAL SUPPORT ON DIVORCE DECREE?

Riverside, CA |

THE PETITIONER SHALL PAY TO RESPONDENT,AS AND FOR SPOUSAL SUPPORT COMMENCING UPON THE ENTRY OF JUDGMENT AND SHALL CONTINUE UNTIL THE DEATH OF EITHER PARTY, REMARRIAGE OF PETITIONER OR UNTIL FURTHER ORDER OF THE COURT, WHICHEVER FIRST OCCURS. AS FOR ADDITIONAL SPOUSAL SUPPORT, HE PETITIONER SHALL PAY DIRECTLY TO THE RESPONDENT, 24.7% OF HIS OVERTIME.

Attorney Answers 3

Posted

That seems to be an error in drafting.

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Posted

You have already received several responses to this question. You should follow up on those suggestions rather than re-posting the same question. In any event, it sounds like a mistake in drafting and should be addressed with whomever drafted the judgment or marital settlement agreement from which the quoted language is taken.

If you found this response helpful, please let me know by clicking the "Mark as Helpful" button at the bottom of this response. Thank you. Mr. Richardson practices in San Mateo and Santa Clara Counties, and concentrates in non-adversarial dispute resolution as a mediator and collaborative lawyer. The California State Bar Board of Legal Specialization certifies Mr. Richardson as a specialist in California Family Law. He offers no comments or advice with respect to the laws of any state or jurisdiction other than California. The above answer is a general explanation of legal rights and procedures. Mr. Richardson is not your lawyer unless and until you and he have personally met together. This post does not constitute legal advice, and no lawyer client relationship results.

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Posted

That was an obvious error. Contact the Petitioner's attorney to see if he and the Petitioner will cooperate in preparing a Stipulation and Order correcting or modifying the Judgment to change the incorrect "Remarriage of Petitioner" to "Remarriage of Respondent). If he or the Petitioner refuse, file a RFO seeking correction of that error as well as Family Code Section 271 Sanctions against the Petitioner and his counsel.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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