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Can my wife sue me for alimony after our divorce is fanalized in the state of california?

Bankruptcy and Debt 4 views 4 answers
I filed for divorce after ten yrs of marraige in Dec. of 2011 from my wife, She got about 800 a month in child support but didnt ask for alimony. Our divorce will be final this month. Im concerned that she may try to come after me for alimony later. My question is , can she legally do this. She live in a small town and has not been employed for quite awhile.

Attorney Answers

4
Peggy Raddatz ·
Ms John's advice is correct. If she waived her rights to maintenance she cannot come back to court. Was she represented by counsel? It may be because you do not have the ability on your income to pay it so therefore she may have waived it altogether.
0 upvotes
Hillary Johns ·
What does the agreement or marital judgment say? Did you waive your rights to spousal support and terminate the court's jurisdiction to do so? If the answer is yes, then no she can't. If the answer is no, then yes she can. Have a lawyer review your agreement and advise you. Michael Schwerin is on and is in San Jose. Ask him if he's willing to represent you.
0 upvotes
Cathleen Norton ·
If her lawyer allowed her to waive spousal support and agreed to terminate the court's jurisdiction over the issue, I'd consider that a huge boo-boo. If you got her to sign off on the Judgment, including both a waiver of spousal support and a termination of the Court's jurisdiction over the issue, I'd advise you to send your lawyer a huge thank you gift. :)
0 upvotes
Richard Wilson ·
There is not quite enough information in your question to obtain a clear answer. If your final judgment does not address spousal support, then the court retains jurisdiction to award or modify support. Child support is calculated before spousal support, so the differences in household income might affect how likely your ex is to actually get support. You should consult with a local family law attorney to get answers that relate specifically to your case. Good Luck. Richard H. Wilson
0 upvotes

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