RunningScared
recently joined
Reged: 02/28/07
Posts: 2
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My ex keeps throwing in my face that she can take me to court and get alimony at any time. Is this true? Our divorce has been finalized for well over a year and we were married for 7 years. We live in California.
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madalex
enthusiast
Reged: 01/08/07
Posts: 261
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I don't know about CA law, but what does your decree say? If she waived spousal support on a non-modifiable basis, she can't take you back to court for that now.
More importantly, why are you even talking to her about this? When she brings it up, hang up the phone or walk away.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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If alimony was not addressed in the Decree...then she is SOL.
Next times she says something...simply say "uh huh" and walk away.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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Susanf31
Carpal \'Tunnel
Reged: 06/02/05
Posts: 10630
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I've heard of many decrees that leave the issue of alimony wide-open to be revisited. If you have one of those decrees, then she is correct. If you don't, then she's wrong.
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Debbie_L
Pooh-Bah
Reged: 06/06/05
Posts: 2031
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The marriage was only 7 years, and the divorce was a year ago? I'd tell her "Good luck" and walk away laughing. I'm not a legal professional though, so I guess I would be talking to a lawyer (free consultation) first - then laugh at her.
PS - Why do you talk to her? Do you have children together? If not tell her to F___ off and don't talk to her. If you do have kids, refuse to talk about anything other than child related issues.
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Susanf31
Carpal \'Tunnel
Reged: 06/02/05
Posts: 10630
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My ex keeps throwing in my face that she can take me to court and get alimony at any time.
+++++++
The only reason I can see that anyone would be repeatedly bringing it up is IF the issue of alimony was left open to be readdresses at a later date, in the decree.
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madalex
enthusiast
Reged: 01/08/07
Posts: 261
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[quote]The only reason I can see that anyone would be repeatedly bringing it up is IF the issue of alimony was left open to be readdresses at a later date, in the decree. [/quote]
I can think of plenty of other reasons why an ex-spouse would continue to bring such an issue up, regardless of what the decree says.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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The only reason I can see that anyone would be repeatedly bringing it up is IF the issue of alimony was left open to be readdresses at a later date, in the decree.
---> ROFL Maybe she's like you Susan...figures that since she WAS married to the guy she's got a lifetime entitlement to butt in his life.
---> The fact is...if she REALLY could go back and milk the cash cow...she would.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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RunningScared
recently joined
Reged: 02/28/07
Posts: 2
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I just re-read my papers and she did waive alimony; aditionally, she has a notorized document she signed saying she waive alimony for eternity. To answer your questions on why she brings it up and why I take it, well, we Have kids together the kids live with me and we are supposed to 50/50. We are current 90/10 occasionally she has a good month and does 75/25. I have had the kids for almost 2 years. I have handled all the financial burden and all the leg work. I am thinking about relocating out of state. I was curious on my chances. Since she hasn't been living been keeping up her end. But this is really for
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Susanf31
Carpal \'Tunnel
Reged: 06/02/05
Posts: 10630
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So, you've had the kids 90/10 for 2 years and never went back to court to get your custody arrangment changed to reflect that? Big mistake on your part.
have you been documenting her absences? Because with 50/50 custody the odds of you being able to move out of state with the kids are slim UNLESS you can prove she's been a absentee parent.
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