Wife's Attempt To Enforce Alleged Spousal Support Agreement Rejected By Court
Wife files request of the court to enforce an alleged written agreement for spousal support and demands that husband pay $32,828.65 in spousal support arrears. Husband hires Attorney A. Stephen Rocha to represent him in his divorce case and defend him against wife's request for spousal support and the arrears requested. Attorney Rocha Prepares and raises arguments and defenses against the enforceability of the alleged written agreement, to include that the agreement was not a valid and binding contract and was not enforceable under California contract and family law. He also argued that wife had attempted to take advantage of husband by not being totally forthcoming about her actual income and took advantage of husband and requiring spousal support in the amount of $2,500 a month which actually resulted in her having up to $1,000 or more an excess income to wife based on her nondisclosure of her income and arguably taking advantage of husband. Based on Attorney Rocha’s arguments, expressly noted by the court as being persuasive, the court denied wife any spousal support based on the agreement and no arrears were awarded to wife. In this case, it appeared as though wife was looking to take advantage of husband and was almost successful in doing so, but Attorney A. Stephen Rocha was able to defend his client through his expertise to deny wife all relief.