Asked over 1 year ago - San Diego, CAFlag
My ex-wife had an attorney in our divorce and I didn't. She was awarded spousal support. In court proceedings the court did not consider the income she receives from her rental property she has in another country as her attorney stated I had no proof. I currently obtained proof. How can I ask to court to review this information and possibly lower or cease the spousal support?
You need to file a motion to modify support and submit the information you now have as an Exhibit. I recommend consulting an attorney first, to make sure that a) the new support amount will be worth it, b) there isn't a better option available to you, such as a claim against your ex for breach of fiduciary duty and sanctions based on her previous perjury and failure to disclose the foreign income (which might offset support), or c) you aren't setting yourself up for a potentially higher support order, based on your own change of circumstances.
If your are serious about it you should retain an attorney because under new laws this year everyone is entitled to a trial on a factual issue. This is a question of fact and should be prepped to go to trial if it is contested. If you win, it will be well worth the investment.
The answer above is excellent.
Assuming filing is a good idea, you will need to file an OSC, both parties will have to provide current financial information, and you will have an opportunity to reduce support.
To parrot the above answer, see a lawyer first at least for a consultation to review the entire Judgment and see what all your options are.
The previous answers are helpful but do not ask the main question--how loing was the marriage? if it was a 10 year marriage and your obligation to pay support is substantial you probably should seek counsel. If it was a short marriage you can get a rough idea of what support amount will be using the computer programs: even though the award of spousal support is not based on that number in most cases it will be close. If you do hire counsel the costs will be probably $2,000 to $3000 so you will need to be sure there is a savings greater then that.
If your case is solid--and your ex-wife did commit perjury, there is a chance of settling short of a hearing. Has she filed fraudulent tax returns? If so your case is stronger still. If she has filed since the divorce, make sure you demand the tax returns before you proceed. You can do this every hear without counsel.
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