Unlike child support, spousal support is often very difficult (if not impossible) to modify after the divorce is final, so getting it right the first time is a must!
Hi folks, new here. Here's the deal. Ex spouse was given temporary spousal support till dissolution. Well, that happened but neither of us modified the existing order. But the crux of the matter is, I need good legal arguments and case precedent for motioning for termination/modification of support because, get ready, the ex was given a 7 yr. suspended sentence for 2 felony DUI's, remanded into custody of probation dept. and now is residing in a rehab center paid for by the state ( we're in CA, BTW ). I know I can argue change of circumstances and her needs are currently being met by the state but it would be great to be able to quote a case to the court where support was modified/terminated because the supported party was incarcerated. I have to do this myself because the attorney fees have already put me in bankruptcy, so now I'm pro per. Of course, I motioned and received total custody of our minor child. So, can any of you legal eagles point me to a particular case where spousal support was denied/terminated/modified due to the supported party being incarcerated. BTW, she also received 75 grand in the settlement and still has some left. Any precedent for getting child support from someone not working while incarcerated out of funds from a settlement? Thanks in advance.
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