Can my ex husband get spousal support from me if we have been divorced for 13 years? 4 Answers as of July 28, 2011

My ex husband is suing me for spousal support after we have been divorced for 13 yrs. We both remarried and he divorced again and expects me to pay spousal support. He owes me 60 thousand in back pay child support and now is on disability. Is this possible?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Unless the divorce judgment provided that Spousal Support jurisdiction continue after remarriage of the payee (which is highly unlikely), your husband can't get Spousal Support. However, don't ignore an Order to Show Cause (OSC); if one is served on you, retain (or at least consult with) an experienced Family Law Attorney to represent you to oppose your ex-husband's OSC, to ensure that the Court receives appropriate evidence reflecting your husband's remarriage (which would have terminated Spousal Support jurisdiction).
Answer Applies to: California
Replied: 7/28/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
It is extremely unlikely the court will consider giving him spousal support but it depends in part what your original divorce marital settlement agreement said about spousal support. If it was waived then that would mean odds are extremely low he would be able to get anything from you.
Answer Applies to: California
Replied: 7/28/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
Once your spouse married someone else, it terminated his rights to any spousal support from you. He may not seek spousal support from you. He is still responsible for the child support which he owes you. You may wish to seek out an enforcement attorney or get the assistance of Child Support Services so that the support may be garnished from his disability payments.
Answer Applies to: California
Replied: 7/25/2011
Law Office of Daniel B. Rubanowitz, APC
Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
Generally spousal support terminates upon death of either party or remarriage of the supported spouse. If your Judgment provides for lifetime spousal support or continued support despite remarriage, then it may be possible for him to get spousal support. You should consult with a Family Law Attorney.
Answer Applies to: California
Replied: 7/25/2011
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