If my ex-husband has just retired and is requesting a termination of our current alimony order, how do I respond/object to this in court?
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If my ex-husband has just retired and is requesting a termination of our current alimony order, how do I respond/object to this in court?
I received a summons to court in regards to him requesting to modify/terminate the existing permanent alimony order due to his retiring. What can I do to request the oringinal order remain in effect and unchanged? Married 16 years 11 months.
Asked on July 17, 2012 under Family Law, California
Answers:
Phong Han / Eaton & Associates
Answered 11 years ago | Contributor
Assuming that your divorce was conducted in California, a spouse may request that their spousal support obligation be terminated when there is a loss of job or reduction in salary. Although there is a provision to prevent a reduction in support due to a spouse quitting their job or voluntarily reduces their salary, there are many factors that determine whether or not the reduction in salary would be qualify for a reduction of spousal support.
Every case is different and because of that, a retirement may or may not be considered a voluntary reducation of salary, depending on the circumstances of that retirement. It is always a good idea to speak to a family law attorney when dealing with requests for reductions and termination of spousal support.
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