Q: Can something go wrong and what does he need to bring to prove he is deep in debt and cannot pay alimony at all....
Welp, my brother has run out of money. He has a good job but barely makes the bills and is in debt. He is in a sham of a short 6 year marriage and wants out. He filed, came up with some money to do so but now to proceed, he can't pay another retainer to go to court. He will have to represent himself. He has a loan on his house to buy out my half...the house is inherited from our parents, but California requires his wifes signature to let him borrow against it to pay a lawyer, so he's out of luck. What will he need to bring to the court....proof of income, copies of the bills? Anything else? I have the trust documents and paperwork for the house when he bought me out to prove it was inherited. He's worried she'll get alimony anyway even though she has a job, but it doesn't pay alot, and mb a percentage of the house value/equity. If that happens he will lose the house. It's like he's forced to stay with her and hope the marriage lasts or go bankrupt.
A:
In California, if your brother is seeking to modify or eliminate spousal support, he should be prepared to present a comprehensive picture of his financial situation to the court. This would include recent pay stubs, a current income and expense declaration, tax returns, statements for all debts and assets, and any documentation relevant to the ownership and inheritance of the house. The trust documents and paperwork showing the buyout would be critical in establishing the property's status as his separate property, if applicable.
It’s also important to provide evidence that demonstrates a change in circumstances since the original support order was made. If he's representing himself, he should make sure to familiarize himself with the California Family Code and local court rules to effectively present his case. Additionally, he may wish to consult with a legal aid organization or a family law facilitator at the courthouse for guidance on procedure and paperwork.
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.
