hayduke
New
Reged: 04/28/08
Posts: 4
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My ex and I split back in August of 2006. Our divorce was final in February of 2007.
We were married for 7 yrs, had no children, and both worked.
We owned a home together, which I bought her out of the equity. She retained ownership of her car (paid). We had no debt that we split.
She quit her job and then requested spousal support. Through negotiation I agreed to pay the sum she requested, as the court mediator indicated the judge was likely to award her more. I agreed to pay $300 a month for 3.5 yrs.
She has since moved out of the area, is living with her current boyfriend. I ahve paid the spousal support for 1 year. Given the fact that she left the relationship with no debt, a sizable settlement sum, and no other financial obligations...the payment of this $300 spousal support seems petty and trivial.
What ramifications might I face if I just opt to not pay it anymore?
Is there a way I can release myself from this without opening myself up to anything further?
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allthumbs
Platinum
Reged: 07/12/07
Posts: 473
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Sounds similar to my experience. Two things are strikes against her. One, she quit her job and two, she is co habitating with another. These are grounds for modification, IMO. If you just stop paying, she could file a contempt of court motion and the judge could find you in contempt. To handle it properly, file a motion for modification based on CA. Family Code 4320:
(a) The extent to which the earning capacity of each party is
sufficient to maintain the standard of living established during the
marriage, taking into account all of the following:
(1) The marketable skills of the supported party; the job market
for those skills; the time and expenses required for the supported
party to acquire the appropriate education or training to develop
those skills; and the possible need for retraining or education to
acquire other, more marketable skills or employment.
(d) The needs of each party based on the standard of living
established during the marriage.
(l) The goal that the supported party shall be self-supporting
within a reasonable period of time. Except in the case of a marriage
of long duration as described in Section 4336, a "reasonable period
of time" for purposes of this section generally shall be one-half the
length of the marriage. However, nothing in this section is
intended to limit the court's discretion to order support for a
greater or lesser length of time, based on any of the other factors
listed in this section, Section 4336, and the circumstances of the
parties.
4322. In an original or modification proceeding, where there are no
children, and a party has or acquires a separate estate, including
income from employment, sufficient for the party's proper support, no
support shall be ordered or continued against the other party
4323. (a) (1) Except as otherwise agreed to by the parties in
writing, there is a rebuttable presumption, affecting the burden of
proof, of decreased need for spousal support if the supported party
is cohabiting with a person of the opposite sex. Upon a
determination that circumstances have changed, the court may modify
or terminate the spousal support as provided for in Chapter 6
(commencing with Section 3650) of Part 1.
(2) Holding oneself out to be the husband or wife of the person
with whom one is cohabiting is not necessary to constitute
cohabitation as the term is used in this subdivision.
(b) The income of a supporting spouse's subsequent spouse or
nonmarital partner shall not be considered when determining or
modifying spousal support.
(c) Nothing in this section precludes later modification or
termination of spousal support on proof of change of circumstances.
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