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hypothetical support question.

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1hypothetical support question. Empty hypothetical support question. Wed Jan 18, 2017 5:59 pm

tompmiller


Arresto Menor

Hypothetical question (please answer in English)

Two people get married, have children.
Some years later, the husband moves out.

Wife files for economic protective order for support.  Court grants her a percentage of the husbands income as support for her and the kids.

They live apart (no legal separation, just separated-in-fact). A couple years pass.

Then the wife discovers that the marriage was legally void, and she can go to court for a declaration fo nullity.

She expects, and accepts, that her support percentage would be reduced, since it would only be support for the kids since the husband would have no obligation to support her since they were never legally married, so the court would have to allocate the percentage between her and the kids..

Question:  Might she be required to return the percentage of the husband's salary the court decides was for support for her, for the time already past?

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