Often asked: How Long To You Have To File A Motion To Modify Alimony In A Divorce Decree?

Can alimony be changed after divorce?

Can my alimony order be changed after the divorce? Alimony may be modified if there has been a change in circumstances. The judge may modify an alimony award if the ability of the paying ex-spouse to make payments has changed or if there has been a change in the needs of the person receiving the payments.

Can you modify spousal maintenance?

The Ability to Modify Spousal Support California Orders Unlike child support, a court order can terminate a previous jurisdiction over spousal support in California. In other words, the court can modify a spousal support order at any time in the future.

What happens when a divorce decree is not followed?

One of the other remedies available for contempt of court divorce is to “ suspend the commitment,” where the court agrees not to throw the party in jail as long as he or she follows certain terms of probation. If the party violates those terms, the judge can revoke the suspended commitment and send the party to jail.

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Do I have to support my ex-wife after divorce?

Spousal support is usually ordered after a divorce when either the spouse mutually agree on the payments or when the judge looks at all the relevant factors and decides that alimony or spousal support is necessary to support one spouse. Alimony payments can also be modified depending on the ability to pay.

Can my ex-wife go after my new spouse’s income?

In California, all parents must care for their children financially, whether they’re married or divorced. In certain situations, however, the new spouse’s income may become part of community property shared with your ex-spouse and be considered in the child support calculation.

Can you fight spousal support?

You can fight alimony and you can win! This is the most common way that a spouse can fight alimony – when another spouse lies about their married standard of living. When a spouse is required to pay alimony that he or she believes is unfair, an attorney can request reconsideration by the court.

What can change spousal support?

The decision to file a motion to modify or terminate long-term spousal support can be based on many factors, including but not limited to disability, remarriage of the supported spouse, cohabitation by the supported spouse, loss of employment, or retirement with a significant lowering of income and resources.

Can a divorce settlement be changed?

Don’t panic yet – your divorce settlement can be changed if you successfully prove that it should be. To change a part of your divorce decree, you’ll have to either file an appeal arguing that the judge made a mistake, or request a post-divorce modification.

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Is there a time limit on divorce settlement?

While California has a six-month waiting period for divorces, your case will not necessarily be resolved within six months. The California divorce timeline for simple cases can often be finished in less than six months, while complicated cases could take several years to complete.

What happens when someone violates a divorce agreement?

The most drastic option if one party is breaching the marital settlement agreement is to file for contempt of the court. This is drastic because contempt of court can be a criminal charge. The punishment for this might even include jail time if the offense is serious enough.

What happens if you can’t pay a divorce settlement?

A judge can order your wages garnished if you fail to make payments required by the divorce order. Money will be taken from your pay check to put towards your past due payments before you receive it. There are legal limits on how much money can be garnished.

How do I hide money from my ex wife after divorce?

Cash is one of the best ways to hide money from a spouse Your spouse could cash an inheritance check, then put the cash in a safe deposit box. Or get cash back on everyday purchases and store it casually in a dresser drawer. If a couple keeps a private safe in the home, it’s likely that cash is stored inside.

Can ex wife claim my pension years after divorce?

A pension earned during marriage is generally considered to be a joint asset of both spouses. Most retirement plans will pay pension benefits directly to divorced spouses if the domestic relations order meets certain requirements.

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How much money should a husband give his wife after divorce?

If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband’s net monthly salary as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband’s net worth.

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