My ex-husband and I were married and divorced (after 20 years of marriage) in CA. He worked FT the first 13 years and then was the "stay-at-home" parent the last 6 1/2 years of our marriage, returning to work 6 months prior to him filing for divorce. I was the "stay-at-home" parent the first 7 1/2 years and then worked 40 (50, 60, 70+) hours/week at 2 jobs the last 12 1/2 years of our marriage to support our family of 5. When he returned to work 6 months prior to filing for divorce I quit one job and cut back to 40 hours/week. I was ordered to pay him $1700/month in child support/alimony based on my previous annual incomes when I worked 40+ hours/week at 2 jobs. I could not pay him $1700/month so I signed over my interest in our home and in return I did not have to pay him alimony/child support for 10 more years. I was "awarded" $30,000 in debt acquired by us both during our marriage and cashed in my small 401k to pay it off. Fast forward 20 years years. I have never recovered financially. My ex still lives in our now-paid-off home while I rent. I have been disabled since age 56 (I'm now 60). He inherited over $1M in assets when his parents passed. Neither of us have remarried.
Alas, I do not believe that you have any chance of getting any spousal support from him, after so many years.
Of course, one would need to look at the terms of your judgment, to say for sure. But I would not hold out much hope. Twenty years is a looong time, and the court, quite frankly, prefers that parties have some closure in these cases.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
My only suggestion is to see if you can claim 1/2 of his SS until you hit 66 and then claim your own SS. The law recently changed on 4/29/16. Call the SS administration for more accurate information. Let me know if this works. No attorney-client relationship created without a written contract. Also, you may want to see a SS expert.
Disclaimer of California Attorney. Laws differ from state to state. Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract. Good Luck starts with a strategy and a plan. Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.
You don't sue. You file a motion for modification of spousal support and/or child support.
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