SurvivingInfidelity.com^®

Hello everyone.

I am now officially divorced after a long six month battle. The divorce happened in TX and the ex did not receive spousal support. She however recently moved to California and plan on being a resident there.

Can she, later on, ask for spousal support through the courts in CA even though she was denied in Texas once she becomes a CA resident?

I'm asking because I'd like to also move to CA so I can see my son, but once I become a resident, does that leave me vulnerable?

Thank you all. Two years since dd, a long road to detaching, therapy and I'm finally free of her serial cheating.

Only way for you to get an answer to that question would be to ask your attorney.

Well, my TX attorney said no, but I spoke to a CA attorney and she said it's possible depending on how the final judge decree was worded...waiting on her response. Just wanted to post to see if anyone else had this scenario come up.

The CA attorney provided the best answer.

It depends on the wording in the D decree from TX.

Cannot stop her from trying though. Hope this works out for you.

It depends on the wording in the D decree from TX

I am going to give you some information from my divorce that could be considered "specific to my D decree".

I am NOT in either Texas or California.

My divorce went to trial to determine spousal maintenance. Either of us was allowed to appeal the judge's decision, which I did. This had to be filed fairly quickly after divorce was finalized (I think within 30 days). I don't think that she would be able to appeal your TX judge's decision in California.

After the judge's decision, either of us could have also filed to have spousal maintenance modified if there was a "substantial change in circumstances" but we had to wait a full 12 months before making such a request. In my location, co-habitation with a romantic partner would count as a substantial change in circumstances. In my location, getting a new job with a substantially higher salary would also count as a substantial change in circumstances. My ex had both of these happen to her very quickly after our divorce was finalized).

In my situation, I mostly lost my appeal but I won a very small slice of it, such that we were able to re-open negotiations as far as spousal maintenance and child support. In addition, my ex had immediately bought a new house with her new guy and his three kids (i.e., a change in circumstances) and she had taken on a new job and she was making a lot more money than at the time of the divorce (i.e., another change in circumstances).

At that point, we were essentially going to have to settle on our own or go back to the judge and have him make a decision. Lucky for me, at this point, my ex had been caught in many many lies that were on the record (she had testified that she wasn't dating anyone seriously; she had testified that she couldn't possibly make any more money; other stuff like that) so she was going to look very bad if she went in front of the judge (and I think that her attorney was sick of her BS by then). So, there was enormous pressure on her to settle... and we reached an agreement in which I was no longer paying her any spousal maintenance and my child support payments were reduced also.

In addition, my ex and I also signed a special agreement (that a judge cannot impose) that my State recognizes that basically eliminates any possibility for modifying spousal maintenance in the future for any reason. So, if she is fired and her arms and legs are cut off... she cannot go back to court and say that her circumstances have changed and she needs more money. (an aside, I have no idea why she signed that special agreement... it was not in her best interest to do so).

So, as I quoted, it will depend on your divorce decree.

threadjack

In addition, my ex and I also signed a special agreement (that a judge cannot impose) that my State recognizes that basically eliminates any possibility for modifying spousal maintenance in the future for any reason. So, if she is fired and her arms and legs are cut off... she cannot go back to court and say that her circumstances have changed and she needs more money. (an aside, I have no idea why she signed that special agreement... it was not in her best interest to do so).

Your ex's attorney may have convinced her that not signing the agreement would mean going back to court, and she might get an even worse deal than the one that was being offered during your renegotiated settlement.

Or your ex is just a reckless, malignant narcissist that can't foresee anything horrible happening to herself because she's just that amazing and wonderful ... so signing your agreement was an easy bone to throw you.

/threadjack

[This message edited by BluerThanBlue at 2:26 PM, Tuesday, January 9th]