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?

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1 Lawyer Answer

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.

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