Can I stop an earnings assesment order for spousal support before the judge grants a hearing?
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Can I stop an earnings assesment order for spousal support before the judge grants a hearing?
My ex-wife has filed with court (have not yet received anything) an earnings assement for back spousal support! My marriage of 20 years ended 25 years ago. The final out come had me payng very small spousal support with no specific end date (but not permanent either). I stopped paying 13 years ago upon verbal aggreement. She has never ask me to restart payments. And now she is wanting to attach my wages? How can I sop this? BTW I paid child support for 3 years.The child was not living with wife at the time I paid. Daughter never received any of that support. Can I use that for my case?
Asked on August 30, 2012 under Family Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I suggest that you consult with a family law attorney with respect to the matter that you have written about. The child support paid for your daughter has no bearing with respect to the spousal support issue that you are writing about.
Given the fact that thirteen (13) years have pssed since you stopped paying spousal support based upon a verbal agreement with your "ex", I find it odd that she is now making a claim for it at this time. An argument could be made that she has waived any more spousal support in the future as well as past support.
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