During the upsetting and stressful experience of divorce, parties frequently make agreements which form the basis for their written documents. However, if their agreements are not in writing it is quite likely that in the future the parties will have a different memory of what was supposed to happen. A recent example involved a wife who agreed to let her husband keep his government pension in exchange for a non-modifiable support order that would continue until her death or remarriage. Unfortunately, the Judgment does not recite this agreement and only says that husband gets his government pension and wife gets support. Husband is now requesting that wife’s support be reduced or terminated, and there is nothing in the judgment or any written document to support wife’s contention. Since California law provides that spousal support can be modified whenever there is a change of circumstances, it is likely that husband’s request to modify wife’s spousal support will be granted and wife will lose what she though was going to be a permanent income. This result could have been avoided had wife included a provision in the Judgment that her support was non-modifiable.
Need help with adoption, annulment, collaborative divorce, community property, child custody, child support, divorce, domestic violence, legal separation, litigation, mediation, legal separation, paternity, spousal support, pre-marital and post-marital agreements? Family Law questions go beyond the limits defined in this blog. For more information, call or e-mail the Law Offices of Richard E. Bawden, State Certified Family Law Specialist. The Law Office of Richard E.Bawden serves the Inland Empire including Riverside, San Bernardino, Rancho Cucamonga, Fontana, Redlands, Loma Linda, Mentone, Yucaipa, Beaumont, Banning and Hemet.