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Payees right to terminate alimony

Asked in California - over 4 years

if a payee wishes to terminate spousal support that she is receiving, and her lawyer of 3 years just quit on her because he would rather go to court and fight, which costs her more money., than to help her drop the support, and her ex is his own attorney-(for whatever reason). there is a hearing for next month where he wants spousal support terminated, and she is willing to give it up, but they are unable to talk to each other, what forms does she need, and/or what can she do to get this taken care of .

Attorney Answers (1)

Marshall William Waller

Marshall William Waller

Calabasas Divorce / Separation Lawyer

Licensed in CA

Answered over 4 years ago. This is actually a more complicated situation than it otherwise seems. For example, if yours was a long term marriage your attorney may be unwilling to participate in a termination of spousal support simply because he feels that to do so under your particular circumstances would be malpractice. Remember, your attorney is charged with protecting your interests, sometimes even form you. Thant said, it is relatively simple to accomplish what you want. Simply sign a substitution of attorney form relieving your attorney from representing you and then take over as your own attorney (what is called "In Pro Per"). Then, it will be pretty simple to write up your agreement with your ex that spousal support should terminate. Be specific as to the exact terms of the agreement and when the support stops being paid, and if the termination is permanent pr of the door will remain open (i.e., the support doesn’t actually terminate, but instead the amount being paid simply drops to zero. There are a lot of reason why you should listen to your attorney on this, and you should consult with an experienced family law attorney further before going forward with this plan, but once you are committed to doing so, stopping spousal support isn’t all that hard. Good luck with this, and remember, no attorney-client relationship between us is created by this answer, which is purely informational.
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