I am the caregiver for my 83 year old father who went through a terrible divorce 8 years ago in California. Both parties had fixed incomes during the marriage, but since my father's income was higher, the judge ruled he should pay support until the time either him or his ex-wife passes.
I believe his ex is 81 now and lives in a nursing home and has so for about the last 7 years.
It has come to the point that I must put my father in assisted living facility and can no longer afford to pay the 574 spousal support, because all of his pension must go towards his maintenance now.
My question is, once I stop paying the support what are my legal options if the final divorce decree orders that my father must pay this money until his death.
Right now it is going to take every penny he has plus his savings to put him in a facility. How long should spousal support last when both parties are elderly? and what are my options...
2007-12-26 07:49:40 · 7 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
That freaking ridiculous! I would just quit paying, what are they going to do, arrest him? Seriously, call an attorney and see what the punishment could be and then I would talk to her and see if she would drop the thing, that's crazy!
I love California, someday I hope to make it part of the USA!
Yoda out
2007-12-26 07:55:12 · answer #1 · answered by Yoda 5 · 1⤊ 0⤋
I'm not a lawyer, but what is she going to do, sue an 83 year old man in a nursing home?
Is there any way of going back in court and petitioning for the alimony to be dropped given the new circumstances?
2007-12-26 15:55:45 · answer #2 · answered by Allison L 6 · 0⤊ 0⤋
unfortunately the spousal decree can only be changed in family court. with the circumstances you have mentioned, petitioning the court should be your first step. i know that some expense is involved with attorney's, etc., but failing to follow the legal steps may result in your father's ex-wife attaching his meager earnings.
2007-12-26 15:59:16 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I would simply stop making the payments and take it from there or go back to court and have the support withdrawn due to a significant change in circumstances.
2007-12-26 16:09:51 · answer #4 · answered by Slick 5 · 0⤊ 0⤋
Get a lawyer to help you with this, it's well worth the money . If you take it upon your self to stop the payments, you and your dad will be in court to tell the reason why you did what you did.
2007-12-26 16:20:42 · answer #5 · answered by kim t 7 · 0⤊ 0⤋
maybe try having a new court hearing, but he's still responsible for the aid of his ex if the courts said so.
are you concerened you won't be left with any inheritance?
seek help from medicade. they will of course look at his savings too, so all u really have to look forward to is having all his money go fror his needs
2007-12-26 15:58:27 · answer #6 · answered by peggin_beast 6 · 0⤊ 0⤋
i would get some sort of legal advice, I think you would have enough there to stop the spousal support.
2007-12-26 15:55:14 · answer #7 · answered by sunshine 3 · 0⤊ 0⤋