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maggiewine · Jul 23, 2009, 05:01 PM

1. Why his lawyer said our marriage only 4.5 years, so I can't obtain the ailmony until I remarry even I'm a homemaker. It that true?

2. we bought a house in 2007 in joint name, my husband want to delete my name of the house, as lawyer said he paid for the instalments. N my husband still need pay 28 years . It that true?

N0help4u · Jul 23, 2009, 05:23 PM

I don't know California law but it looks like they are trying to pull the wool over your eyes somewhat. I think you need a good lawyer to get you your share. He shouldn't be able to walk away with everything and that looks like what they are trying to pull on you.

maggiewine · Jul 23, 2009, 05:26 PM

Lawyer told my husband that only max give me 3 yrs ailmony. I don't know how to do.

cdad · Jul 23, 2009, 07:29 PM

1) alimony doesn't last for forever its only a temporary state. The duration of your marriage wasn't long enough to qualify for lifetime alimony. I believe its more like over 10 years.

2) If you bought the house after you were married then the house belongs to both of you. He can not just remove your name from the deed. If he does so before a decision from the courts then he would be in contempt of court unless there is an agreement stating different. As far as him making the payments that may be true but because you were married then you have a 1/2 investment also so actually it was both your monies paying for the home.

N0help4u · Jul 23, 2009, 07:42 PM

What ever you do DO NOT agree or sign anything without a lawyer.

Chey5782 · Jul 23, 2009, 07:48 PM

Anything acquired by the both of you during your marriage you are entitled to half of. My step dad is still fighting over his 401k because she wants half from the time he started it, long before the marriage. I HIGHLY suggest that you talk to a lawyer familiar with California state law. I am from there and when I went through my divorce I opted to not take alimony.

If I recall correctly because your marriage was about the same length as mine you will no longer receive alimony once you remarry. Period. That's just an outright lie they told you.

Second, why are you listening to your son to be ex husband? Isn't he about to be your ex for a reason? Go get a good lawyer girl, you need someone who will defend YOUR rights, not his.

cadillac59 · Jul 23, 2009, 10:30 PM

Originally Posted by maggiewine

1. why his lawyer said our marriage only 4.5 years, so I can't obtain the ailmony until I remarry even I'm a homemaker. It that true?

2. we bought a house in 2007 in joint name, my husband want to delete my name of the house, as lawyer said he paid for the instalments. N my husband still need pay 28 years . it that true?

Neither is true. No.

Assuming you can show need and your husband's ability to pay, you are entitled to spousal support (we don't call it "alimony" any longer in California) even if your marriage is only of 4.5 years duration (measured from date of marriage to date of separation). However, since the marriage lasted under 10 years it is not considered a long-term marriage and the court may apply, as a guideline, a rule that says a reasonable time for you to become self-supporting after the divorce is half the length of the marriage, or 2 years, 2.5 months. So, you will likely get support for about 2 years, more or less. This is only a guideline and the court has complete discretion in setting the amount and duration.

As to the house, it is presumptively community property now that you are divorcing and you own half the equity (or share half of the amount owed beyond its fair market value if you are upside down on the mortgage).

These are extremely easy questions to answer and there is no reason for you to be taken advantage of. Get some professional help from a Certified Family Law Specialist or, if you cannot afford a lawyer, from the family law facilitators office at your local courthouse.

maggiewine · Jul 24, 2009, 11:49 PM

Thank you for your answers. I feel upset because I saw below terms on the agreement, I feel not comfortable. Can I ask them to delete it?

In case of reduction of petitioner's (Ken's) income (due to job changes, lost of job, etc.), a modification will be submitted for change of the spousal support amount.
In case that respondent's (Denise's) income increased (due to job changes or promotion), a modification may be submitted for change of the spousal support amount.

cadillac59 · Jul 25, 2009, 12:20 AM

Originally Posted by maggiewine

thank you for your answers. I feel upset cos I saw below terms on the aggreement, I feel not comfortable. Can I ask them to delete it?

In case of reduction of petitioner’s (Ken’s) income (due to job changes, lost of job, etc.), a modification will be submitted for change of the spousal support amount.
In case that respondent’s (Denise’s) income increased (due to job changes or promotion), a modification may be submitted for change of the spousal support amount.

Of course. You can ask for anything to be deleted you want. An agreement is an agreement! Nothing can be forced upon you you do not want. Nothing.

N0help4u · Jul 25, 2009, 04:38 AM

Originally Posted by maggiewine

thank you for your answers. I feel upset cos I saw below terms on the aggreement, I feel not comfortable. Can I ask them to delete it?

In case of reduction of petitioner's (Ken's) income (due to job changes, lost of job, etc.), a modification will be submitted for change of the spousal support amount.
In case that respondent's (Denise's) income increased (due to job changes or promotion), a modification may be submitted for change of the spousal support amount.

These do not mean ineligibility to get money.
It simply means what you will receive willl go according to his income as well as your income.

For example,
Say he makes $3,000. A month and you make 1,000. A month
And the court orders him to pay you $600. A month.

Then his income goes down to $2,400. A month and/or your income goes up to $1,600.
A month he can go get the order modified so he is able to pay less per month.
Or you could go get the order modified for him to pay more if it is the other way around
Where his income increases.

maggiewine · Aug 12, 2009, 09:50 AM

I requested the lawyer change it to :

In case of increase of petitioner's (Jimmy's) income (due to job changes or promotion of job, etc.), a modification will be submitted for change of the spousal support amount.
In case that respondent's (Aurora's) income decreased (due to job changes), a modification may be submitted for change of the spousal support amount.

twinkiedooter · Aug 12, 2009, 11:02 AM

Originally Posted by maggiewine

I requested the lawyer change it to :

In case of increase of petitioner’s (Jimmy's) income (due to job changes or promotion of job, etc.), a modification will be submitted for change of the spousal support amount.
In case that respondent’s (Aurora’s) income decreased (due to job changes), a modification may be submitted for change of the spousal support amount.

That sounds reasonable. They should go along with that. It's only fair to both parties and not favoring just one party.