Rocklin, CA asked in Family Law and Divorce for California

Q: Can spousal support be terminated retroactively

My ex wife hid her new marriage for six months. During this time, she received $550 in monthly spousal support. Can spousal support be terminated retroactively. And can that money be refunded to me?

Related Topics:
1 Lawyer Answer
Crista Marie Haynes
Crista Marie Haynes
Answered
  • Redlands, CA
  • Licensed in California

A: The answer to your questions lies in how your judgment/order regarding spousal support was worded. If there is language in there regarding terminating events such as remarriage, the remarriage date is the date the order will terminate and you can go into court and ask for a reimbursement order. If the order does not contain language regarding terminating events you can still ask the court for a retroactive order, however it is not guaranteed because the court order is controlling. You should have a lawyer review your spousal support orders to see what recourse you have and instruct you about the best course of action to take.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.