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My ex is constantly taking me to court for money. What can I do to stop it.

San Marcos, CA |
Filed under: Alimony

I live in CA & was married for 11 yrs. Been divorced for 17 yrs. I recently remarried. I've paid my ex's car insurance for the past 17 yrs until 11/08. My ex took me back to court for more money & at that hearing the judge placed an order to stop the car ins. payments & reduced the child support order. Now she's taking me back to court for more money. She's requesting spousal support which was never in the divorce settlement & wants more child support. She's trying to use my wife's income to get more money. Can she do that & what can I do to stop her from constantly taking me to court for more money & harassing my wife & I. She is stressing my wife & our marriage. She's the one always taking me to court saying she has no money but she works. Can I sue her in civil court?

Attorney Answers 2

Posted

You can ask the judge to order her to pay your attorney fees for wasting your time and the court's time on frivolous petitions that are only harassment. I am assuming in this that the divorce settlement contained an express waiver of spousal support rather than just being silent on that issue. If she has to pay YOUR attorney fees, the harassment might stop.

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Posted

Your marriage under the law is considered a long-term marriage; so, spousal support may always be an issue unless she remarries, waives support, etc. It is acceptable to bring the issue before the court when there is a change in circumstances; however, when a party addresses issues, doesn't get the ruling they want and files a new motion, they expose themselves to paying your attorney fees as already indicated. When you file your response, I recommend you ask for attorney fees. Request attorney fees for the harassment as part of your argument but the general rule is you must prevail on the motion to be entitled to attorney fees. The judge has discretion to grant your request. Spousal support looks at her ability to be self-supporting, and a list of other factors which can be used to set it as low as 0.00. Finally, no, you cannot sue her for the acts you describe. You can if she harasses you over the phone, etc.

PS- Unless you had a child after divorce, that support should have ended when the kids reach 18... and you've been divorced for 17 years?

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