Can I get more alimony if my ex husband remarries in California?

Divorcing couples can agree to waive Family Code Section 4337 so that remarriage will not affect alimony. If your MSA states explicitly that your spouse's remarriage will not terminate spousal support, then you will still be on the hook for future support payments, even if your ex remarries.

Can I get more alimony if my ex husband remarries?

Spousal support after remarriage may be affected if the spouse receiving support cohabits with or marries someone else. However, this isn't always the case. It depends upon the past and present circumstances of both ex-spouses and (to a lesser degree) the contribution of the recipient spouse's new partner.

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Motion By Petitioner Spouse to Increase Alimony Payments due to...

Santa Clara California Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse

Name: Santa Clara California Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse
Brand: US Legal Forms
Rating: 4.59 (354 reviews)

Category:

Family Law - Divorce - Decrees

State:

Multi-State

County:

Santa Clara

Control #:

US-01899BG

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Description

A decree for alimony is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a motion to modify an order for alimony on the same set of facts that existed when the original order was made.

To justify a modification of an alimony order, a court must find that there has been a change in the material circumstances of the parties since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

How to fill out Santa Clara California Motion By Petitioner Spouse To Increase Alimony Payments Due To Changed Financial Circumstances Of Respondent Spouse?

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FAQ

Divorcing couples can agree to waive Family Code Section 4337 so that remarriage will not affect alimony. If your MSA states explicitly that your spouse's remarriage will not terminate spousal support, then you will still be on the hook for future support payments, even if your ex remarries.

Spousal support after remarriage may be affected if the spouse receiving support cohabits with or marries someone else. However, this isn't always the case. It depends upon the past and present circumstances of both ex-spouses and (to a lesser degree) the contribution of the recipient spouse's new partner.

Although I agree with the nuances mentioned by counsel on how a court can calculate alimony, the direct answer to your question is, No, the court may not go after your new wife's income/assets to increase your alimony.

At any point after receiving a divorce settlement, you can file a motion to modify certain aspects of the decree. Though courts will usually not consider amending an order regarding property division, they may agree to modify a custody, child support, or spousal maintenance order.

Either spouse has the right to ask the court to modify the order for spousal support. However, the courts do require a valid reason to make the modification.

Money you earn after your divorce is generally yours, but your ex-wife can still get her hands on it in some cases. You might realize that every dollar you earn during marriage is only half yours, but you may not be as sure about the money you earn after you and your wife split.

Yes, you can change a spousal support order after a divorce in California. To change alimony, there must have been a change in circumstances since the retroactive court order. Basically, either the supported or supporting party's financial situation must have significantly changed.

Once an agreement has been reached, both parties will sign the settlement, and it will be forwarded to a judge who will incorporate the agreement into the final divorce decree. If a person changes his or her mind before he or she signs the settlement agreement, the negotiations will simply resume again.

Can the Agreement be Changed? In short, the general answer is yes; however, there are some instances where it cannot be modified. Just because your agreement is signed and the divorce is finalized does not mean that changes cannot be made.

Yes, She can demand Alimony by filing an Appeal against the Ex-Parte Decree passed in your favor. However, She has to produce conclusive evidences in her favor to challange the Ex-Parte Decree/Order passed.

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A copy of the petition will be then sent to the spouse. Adjust to changes and breakdowns in the family.11.Santa Clara County Bar Association Modest Means Program … Fill out the form to access a sample of Practical Guidance. Civil action described in paragraph (1) if the sole basis for the financial interest of the attorney or law firm in the patent or patents at issue.

Santa Clara California Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse

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How to fill out Santa Clara California Motion By Petitioner Spouse To Increase Alimony Payments Due To Changed Financial Circumstances Of Respondent Spouse?

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FAQ

Can I get more alimony if my ex husband remarries in California?

Can I get more alimony if my ex husband remarries?

Can I go after my ex husband's new wife for alimony in Florida?

Can you change a settlement?

Can alimony be modified in California?

Can my ex wife claim money after divorce?

Can alimony be changed after divorce California?

Can you change your mind after settlement?

Can a marital settlement agreement be changed?

Can alimony be challenged?

Interesting Questions

What is a motion by petitioner spouse?

What is alimony?

Can a petitioner spouse request an increase in alimony payments?

What are 'changed financial circumstances' of the respondent spouse?

Who can file a motion to increase alimony payments in Santa Clara?

What steps are involved in filing a motion for increased alimony?

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