Chino Hills, CA asked in Divorce and Family Law for California

Q: Paying alimony & child support to my ex wife, was convicted recently for theft, lost her job, can I get alimony stopped?

My divorce was finalized in 2014 and was asked to pay child support and alimony for 4 years (Feb 2018). My ex was caught shoplifting and was found guilty. In the process she lost her job. The Court order/decree was for her to improve her standard of living, but I cannot see her making any effort, more so with this new development. I really want my child to be living with me permanently for fear that she might influence my child so badly that my child will become a thief as well. This is my ex wife's second episode of shoplifting that I am aware of. The first was 2003 in TN and the second in 2015 in CA. Please help me.

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1 Lawyer Answer
Kathryn Irene Phillips
Kathryn Irene Phillips
  • North Hollywood, CA
  • Licensed in California

A: Short answer is no, the support you were ordered to pay will not be stopped. However, it will also not be increased due to the fact that she is no longer employed, because she was at fault in losing her job. I don’t think the facts you have presented will justify a change of custody. Just based on 2 episodes of shoplifting, I do not feel the courts would grant a change of custody based solely on that.

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