According to recent statistics, half of all marriages will likely end in divorce. When divorce is the end result of a relationship, many times the reason is because one of the spouses was physically abusive to the other. In some situations, what seems most unfair is the physically abusive spouse can wind up receiving spousal support payments. If you find yourself making spousal support payments to an ex that was abusive during your marriage, there are options you have to prove abuse took place and therefore stop the spousal support payments.
To prove spousal abuse occurred during a marriage that has ended in divorce, the spouse claiming abuse must have adequate evidence available to show the court. This can include medical records of any doctor visits made as a result of physical abuse, police reports that may have been filed when domestic situations took place, witnesses to any physical or emotional abuse and video evidence of any injuries sustained or of actual incidents. While these documents may take time to obtain, they offer a level of credibility to any claims being made.
Once evidence is gathered and you decide to proceed with attempting to prove abuse in order to stop spousal support payments, several steps must be followed. For starters, court papers should be filed as soon as possible. Spousal support cannot be changed retroactively, so a judge can only change a spousal support order from the day the request is filed. Many times, the spouse claiming that their ex was physically abusive must prove that there is a “change in circumstances” in order for a judge to alter or stop spousal support payments. Providing evidence such as medical records or other documentation can play a vital role in having a spousal support order changed, so they must accompany any request for changes.
While these cases can be difficult to prove after the fact, it is not an impossible task. Using the services of a family law attorney who is familiar with these situations is a good first step. Ann Thomson Law will be able to assess your current situation and offer advice on how to proceed if your spouse has been physically abusive. During divorce proceedings, spouses are often very stressed and may not be thinking clearly. This is where an attorney can step in and provide guidance, making sure all options are considered and the proper steps taken to ensure justice is served. Contact Ann Thomson Law (Seal Beach family law attorney) today at 562-431-4333 for a consultation.