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

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.

Riverside, CA -

Attorney Answers (3)

George Baker Richardson

George Baker Richardson

Divorce / Separation Lawyer - Palo Alto, CA
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.

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Donald Frederick Conviser

Donald Frederick Conviser

Divorce / Separation Lawyer - Woodland Hills, CA
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
David Alexander Browde

David Alexander Browde

Divorce / Separation Lawyer - Chappaqua, NY
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

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