Can I still request to receive spouse support after 5 yrs of divorce? 5 Answers as of December 30, 2012

I've struggled to keep a roof over my head and have lost my vehicle and other belongings due to lower paying jobs and his stopped paying certain bills we verbally agreed he would pay instead of ordered support. I have been without transportation for 4 1/2 years. Now I lost my job and need the help. My struggling has turned desperate. To top it off he is retiring and the 50% of retirement I was to receive is no more because he may get 100% disability.

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Law Offices of Sherrie L. Davidson, LLC | Sherrie L. Davidson
Much would depend on what your Judgment says in regards to spousal support. If support was terminated, not likely. If not, then it would depend on other issues listed in Family Code 4320, the length of your marriage, children, his ability to pay and others. As far as the retirement, if you were to receive your share, a QDRO should have likely been completed. You need to have your court orders reviewed before you proceed.
Answer Applies to: California
Replied: 12/30/2012
LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
It is worth filing for spousal support but it is not likely that you will receive anything so long after a divorce unless you had a long term marriage and the court retained jurisdiction over the issue. If you had a court order for him to pay certain bills, you could go to court to order him to pay them. Do not give up on the retirement, unless he's retired military, your share should still be there. Make sure the correct court orders were made to divide the retirement before he retires.
Answer Applies to: California
Replied: 12/30/2012
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Much depends on a number of factors including the length of your marriage. More facts are needed.
Answer Applies to: California
Replied: 12/30/2012
The Legal Center | Richard Manwaring
As to your question regarding the support, that depends on the original order. If the order terminated the court't jurisdiction to award support after the 5 years, then your chances of getting support beyond that 5 years is very slim. However, if there was no termination order than you can request additional support. That does not mean the court will grant your request. You mentioned that he did not pay certain bills that you agreed he could pay instead of support. If that is accurate you could ask the court for that unpaid support, Lastly,my our comment regarding then retirement. If he is retiring from the military, because of changes in the law, he might be paid both the disability and retirement. In either case you will need to be sure the retirement was divided by the court and DFAS has a copy of the order containing that division. If it was not divided you need to get that issue back to court. DFAS will not split a retirement without an order and will only divid the retirement forward from when the order starts being enforced.
Answer Applies to: California
Replied: 12/30/2012
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