Question

  05/07/12, 12:12 pm
My ex husband is on permanent disability can I still get paid my alimony. When he was employed and we first got divorced we did mediation and he did not follow through with the agreement. I went to court and they garnished his wages and increased my alimony which I did not get for 3 months so he owes me backpay. It was only about 6 months then he got laid off and went on permanent disability. So can I go back to court to file for my backpay and still get alimony. We were married for 25 years and I was a stay at home mom.
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United States   |   California  |  Family Law Divorce Child Custody and Adoption
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Answer

Darrell York Says:

May 08,2012 9:49 AM

You are entitled to your past spousal support that was ordered by the court. Your ex can seek a reduction in his spousal support due to change in circumstances but he would have to take action by filing an Order to Show Cause Re Modification. The spousal support award that was previously ordered is still effective and the burden is upon him to seek the modification. If you wanted to collect on the past support that he has not paid you can either seek a contempt order or file an Order to Show Cause to determine the arrears. I would probably do the latter because a defense to a contempt for failure to pay support is his inability to pay due to his lay-off. I would venture to say that if you seek to have the court determine the arrears he will file to have the court reduce his support. Once the court determines the arrears you can then enforce collection by any lawful means including garnishment.


Darrell York
Law Offices of Darrell J. York
27240 Turnberry Lane, Suite 200,Valencia, CA 91355
866-908-2121
http://www.djylaw.com

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