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

Asked almost 2 years ago - 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)

  1. George Baker Richardson

    Contributor Level 14

    2

    Lawyers agree

    Answered . 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... more
  2. Donald Frederick Conviser

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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... more
  3. David Alexander Browde

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . That seems to be an error in drafting.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce Decree

A divorce decree is the order a judge will issue that finalizes a divorce after proceedings have ended.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,474 answers this week

2,624 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,474 answers this week

2,624 attorneys answering