22 year marriage, Gavron Warning included in agreement, at what point me she be able to effective come after me with that ? I was told I was probably safe for at least half the length of the marriage. Im 54 now.
If you can provide more facts, it will help the attorneys on AVVO provide you with a better answer.
Your marriage is long term such that spousal support can continue beyond 1/2 the length of the marriage.
The facts of your marriage (e.g. if you both worked some or part of the time, your respective earnings, whether or not a party stayed at home to raise children, etc.) all have a big effect on the outcome. You can read those factors here. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4320-4326 . A Gavron warning advises the other party they must make reasonable efforts to obtain a job and contribute to their support. Again the facts of the case will make a difference as to whether support will be ordered, reduced or terminated.
This post and any other internet postings are for informational purposes only. Internet postings are not legal advice. No comments, answers, or other postings should be taken as legal advice. Internet postings do not create an attorney-client relationship. Receipt or viewing of content of an internet posting does not constitute an attorney-client relationship. There is no representation, warranty or guarantee that postings or comments are accurate. Best of luck with your case. Talitha.
This means that you need to find work and make efforts to be self-supporting. Did you look for work? Did you find a job? I have seen parties lower support three or four years after the judgment when an able-bodied person has been too lazy to even look for work. In effect support might be reallocated based upon an imputed wage.
Your information source was not correct. Spousal Support in short term marriages (up to 10 years duration) is generally 1/2 the length of the marriage. Unless there is agreement to the contrary, in a long term marriage, the Court retains jurisdiction to award spousal support until either party's death or the remarriage of the supported party. Your question appears to indicate that no spousal support was awarded to your wife under the settlement agreement. Were the terms of the settlement agreement set forth in the Judgment? See Family Code Section 4320 regarding the circumstances considered in permanent spousal support.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.
I think the other answers are all correct. I would just add that she could probably go back to court in any reasonable amount of time (even just 2 or 3 years) and ask that support be reduced or terminated if you have made absolutely no effort to become self-supporting. If you have documented efforts to find work, or get training, or obtain additional education, that might be good enough for the court not to change anything. If you have some physical disability then there never should have been a Gavron warning.
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