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Missed my court date will she get spousal support

Discussion in 'Alimony & Spousal Support' started by mrjessersmith, Dec 29, 2011.

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  1. mrjessersmith

    mrjessersmith Law Topic Starter New Member

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    Hello all
    due to things out of my control i missed my settlement conference hearing. My ex wife served me with requet for dissolution of marriage in that request she asked for nothing but the restoration of her last name. No spousal support or community property. I have no clue how or why we ended up in a settlement conference since we both arent asking for any assets but i wasnt able to make it to the hearing. She emailed me & said i just want you to know the divorce if finalized & I was awarded 200.00 a month is spousal support. How is this possible if she never asked for this in her request for dissolution? I am working now but at the time i filed my income expense report i wasnt working. I have no way to get to the court house to find out for a few weeks can any of you shed some light on this?

    I am in sacramento county if this helps at all

    Thank
     
  2. Proserpina

    Proserpina Moderator

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    You need to get to the court house - you need a copy of what was signed.

    Not turning up in court was a very, very, very bad idea. It's entirely possible that she just took advantage of that, plead her case for spousal support and had it awarded by default.

    And unless you had an extremely good reason for not turning up, I can't even see that you can appeal.

    But first and foremost you need a copy of what was actually ordered.
     
  3. mrjessersmith

    mrjessersmith Law Topic Starter New Member

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    Well if she was awarded support can I get it modified? 50% of my earnings go to child support in a previous relationship
    Also how long does one have to be married in order to get support we were married for 6 months before separating. We were married 10/2010 n divorce was finalized 12/29/11
    The entire marriage we were both
    unemployed.
     
  4. Proserpina

    Proserpina Moderator

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    Again, it really depends on the wording of the order. I'm sorry - but the wording is very, very important. And please understand that she may be flat-out lying to you.

    (In fact I think there's at least a good chance of that given the new information)
     
  5. mrjessersmith

    mrjessersmith Law Topic Starter New Member

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    That's what a friend was saying that he thinks she's trying to upset me via email so I will contact her and so she can get a reaction out of me. Seeing that from you helps but I will get to the courts ASAP to confirm ....thanks for putting my mind at ease at least for today
     
  6. Proserpina

    Proserpina Moderator

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    My advice? Don't contact her. Stop answering her texts and/or emails and/or calls. You'll find out soon enough whether there's a financial obligation. IF there is, do come back and let us know. For a year-long marriage where neither party worked there should be no spousal support at all, period.

    I think there's a good chance she's just trying to get a rise out of you but again, if she's actually gotten away with an order for some sort of support, come back and tell us.

    :)
     

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