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Re-married

Started by kitten, Sep 08, 2004, 10:29:57 AM

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kitten

We are in CA.  Just found out that ex got married this past weekend.  
1. What is the time frame that she needs to inform her ex husband?
He pays alimony by CO.

socrateaser

>We are in CA.  Just found out that ex got married this past
>weekend.  
>1. What is the time frame that she needs to inform her ex
>husband?
>He pays alimony by CO.

Well, first thing is if you know where her marriage license was issued, then you want to get a copy from the county recorder, or state bureau of vital statistics. Eventually the state bureau will have a copy, but not until it's forwarded by the county clerk. Of course if you don't know what county or State she was married in, then you'll have a problem getting the document.

Either way, if you know that she is married for a fact, then send her a certified letter stating the facts that lead you to your conclusion, and then tell her that unless you receive an denial from her within 5 days, that you will assume that she is married, and you will file for termination of your support obligation.

Then, if she denies in writing, and it's a lie, you can sue her later for fraud to recover the support you paid, and if she admits then you can use her letter as evidence for your termination hearing. If she fails to respond, then you can use the fact that you sent the letter certified and she signed for it, at a termination hearing also.

Then, you can get a default termination order, and if it turns out to be false and she's not married, you can ask her to pay your expenses for her "tacit admission," by her failure to respond to you.

I think that covers all the possibilities.