Can my ex stop spousal support after retiring? 8 Answers as of April 29, 2015

My ex-husband wants to stop spousal support cause he retired and not making as much when our divorce was final. When he retire he makes 78,000.00 a year and I make less than 45,000.00. Can he take me back to modify, but he still makes more than I do even after retiring?

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Law Offices of Gerard A Fierro
Law Offices of Gerard A Fierro | Gerard A Fierro
The issue of spousal support can always be reviewed by the Court if there is a change in circumstances. The payor spouse can ask the Court to terminate or modify the support amount.
Answer Applies to: California
Replied: 4/29/2015
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
If he retired before the age of 65 years old he may have a problem getting the modification. How much will he make in retirement?
Answer Applies to: California
Replied: 4/29/2015
Law Offices of Julie A. Ringquist | Julie A. Ringquist
Yes, the amount of support should change based on his new income (assuming he retired at a reasonable age).
Answer Applies to: California
Replied: 4/29/2015
James M. Chandler | James M. Chandler
Yes he can take you back to court to try to modify the support.
Answer Applies to: California
Replied: 4/29/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If he's retiring at an age justified by the California courts, he would be entitled to return and ask for a downward modification unless there's some provision in your marital judgment that would prevent him from doing so. Please meet with an experienced family law attorney to explore your legal options.
Answer Applies to: California
Replied: 4/29/2015
    Peyton and Associates | Barbara Peyton
    Spousal support May have to be modified when he retires but it doesn't automatically stop.
    Answer Applies to: California
    Replied: 4/29/2015
    Law Office of Martin A. Kahan | Martin A. Kahan
    He can file to modify the order based on current income and expenses that have resulted in changed circumstances.
    Answer Applies to: California
    Replied: 4/29/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Yes, but whether he deserves to win depends on under what circumstances the judgment is allowed to be modified and on whether he is obligated to continue working to earn more money.
    Answer Applies to: California
    Replied: 4/29/2015
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