I currently paying spousal support in California for several months since wife filed for legal separation, loneliness is affecting my life, I meet a girl in Mexico city and I want to move and work over there to establish a formal relationship, since I am a dual citizen of both countries, I have no problem working in Mexico, but I do not want to disobey the court and be in contempt, I will continue supporting my ex based in my new income in Mexican pesos. What should I do to file for a modification and move ASAP.?If legal separation prevents me from dating or meeting new girls, then I want to take care of my old and ill mother, and be with brothers, sisters and cousins. Living alone is making me crazy.
In order to file for a modification for spousal support you need to file a request for orders, judicial council form FL-300 and indicate it is for spousal support modification. You should attach a declaration of your own, explaining to the court why a modification of SS is necessary. You should also attach any documents that might be used to prove the change of circumstances. I would strongly advise to seek an attorney who can assist you with a limited scope representation for this matter.
Best of luck
A legal separation can be converted to a dissolution of marriage prior to entry of judgment. If you have not filed an answer, you will want to ask for a dissolution of marriage in your Response. If you have already filed your answer or a default judgment was obtained, you may need to file a new action for dissolution of marriage. This is the best way to be free to remarry. Neither the family law court nor your ex can stop you from dating someone new or moving to another state or country. But a legal separation leaves you still legally married--so you cannot marry someone new without obtaining a divorce judgment. Be careful about quitting a job voluntarily as the court could determine that your "earning ability" is the same and you must continue to pay support at the same level even though your new job may earn less. If you are making a lateral job move where the pay is similar/same, you don't need to file a modification of support -- but you do need to keep paying your court ordered obligations. You will probably want to talk to your banking institution about how to make payments/convert pesos to US dollars if you are going to be paid in Mexico but paying support in California. Hope this helps a little.
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