How to stop Alimony after number of years marriage cut in half?

[flilian06]

My husbands divorce was filed on May 10, 2006 and he started paying spousal support on August 6, 2006. He was married just over 9 1/2 years. I did research and according to the California law, your suppose to pay alimony the number of years married cut in half. So 9 1/2 years in half is 4.75. He's been paying since August 2006. As of July 2011 thats been over 5 years worth of alimony paid to his ex. Also on his divorce paperwork, there is no time frame listed as to how long he's suppose to pay her for.She has paperwork from doctors claiming she's "Disabled- Mentally" and can't hold down a job, but yet shes going to school. Which to me doesn't make sense. He shouldn't have to pay for her his whole life. Also she's engaged and been cohabitiating for the last year too.I think between those two, (Cohabititaing, and paid 5 years of spousal support already) he shouldn't have to pay anymore.

What we need to know is, how do we officially stop paying her. Do we need to file a paper with the courthouse and have her served? Do we write her a letter advising her, her alimony is now over? Please help us. We can't & she can't afford a lawyer, so would legal aid or a paralegal be able to help us on this and which forms if any do we need to fill out? Please Help.

 

[Proserpina]

Your husband needs to look at his decree and actually see if it allows for modification and under what circumstances.

Just because you or he thinks he shouldn't pay doesn't mean the law will allow him to stop - specially if she's disabled.

You're also unfortunately misreading the statute. There is no hard and fast "rule" in California, just guidelines which the court may deviate from. In other words, your husband COULD be paying for the rest of his ex's life.

He should speak to a local attorney - seriously it's worth it - and see if he can file to modify the current order.

He should NOT stop paying until he has a court order saying he can do so.

Good luck!