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Alimony and spousal support in Ca.

Riverside, CA |

My husband has been divorced from his ex-wife for 15 years. they were married for 14 years, she was receiving child/spousal support . My husband has since had to retire do to a disability. She is now receiving 25% of his disability retirement instead of the spousal support and he is no longer paying child support due to the fact that the children are over 18. We have 2 children and my income has reduced drasticly due to the economy. Is there any way that we can have the amount that modified or stop. His ex is employed and this is not her only source of income.

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Attorney answers 1


If the retirement disability income is part of a property settlement (you mentioned she's getting that "instead of" spousal support so that may be the case) then it's her money, not his. It's being treated like a pension plan, where she and he contributed to it during their marriage and all she's getting is her own portion. If the court is having her receive support through disability payments which are NOT hers, then they are spousal support, not instead of spousal support, which should be spelled out in the order. The court might modify a spousal support order if there has been a change of circumstances since the last order, but if the last order was based on your husband already being disabled (since the court ordered a percentage of disability retirement I assume it was), he may not have that change of circumstances.

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