Thursday, July 29, 2010

Divorce in CA, advice please?

We have two children and have been married for 10 years. I left work seven years ago to be a stay at home mom and have started looking for work again.





I would like to know if I will be eligible for any kind of spousal support until I get back on my feet? I don't think I should get it forever, just long enough that I can earn enough to support the kids.





My husband doesn't want to pay spousal support saying that he is not responsible for paying so that I can live the same lifestyle as now. He says he has no problem supporting the kids but not me. I don't even have the money for an attorney right now since he controls all the money and now only gives me a small weekly ';stipend'; for groceries, etc. He took my name off the checking account and off the credit cards, stating he wasn't going to let me run off with his money. He hasn't moved out yet because he does not want to abandon the house. Any advice? He is getting an attorney soon, I just don't know what to do.Divorce in CA, advice please?
My parents were divorced fairly recently. I'm in CA by the way. My Mom always worked %26amp; supported the family %26amp; my Father did nothing but sit on the couch %26amp; get Soc Sec money. Anyhow, my Mom was not doing well financially at that time %26amp; he wanted spousal support. He didn't get it. We chose for her to not work %26amp; let me support both of us so he couldn't get anything.





Now, if your husband works consistently, you will be able to prove his income through tax records, regardless of what he says. If you can also prove that you have not worked over the last 7 years, then I'm sure you will be entitled to spousal support. It doesn't sound like your husband is in the position to leave his job so he doesn't have to pay you. That's just what we were able to do because I helped my Mom.





We also didn't have enough money for the attorney when my Father filed (oddly enough he did have the money) so I called around for my Mom %26amp; since CA is a 50-50 divorce state, you are entitled to 50% of all property owned. I made arrangements for her attorney to put a lien on the house for his fees which were collected after the divorce was finalized. You said he doesn't want to abandon the house, so I'm assuming you do own property together %26amp; you are on the Title?





As for having to stay there together, I wish you the best of luck. That was the hardest part for my Mom %26amp; I ended up getting her out sooner, before it was even final. So, really you'll just have to bust out the Yellow Pages %26amp; start calling around. Not every attorney is willing to hold off on payment, but I found one pretty quickly %26amp; by being humble %26amp; asking for help.





Edit: My old boss (female) just went through her divorce %26amp; was ordered to pay her husband $6,000 per month in spousal support because although they started businesses together, he didn't have an actual income from another source %26amp; she did. She works full time as an Escrow Officer %26amp; makes about $500,000 per year. He didn't actually have employment other than their businesses which were both joint ventures. So, yeah. You will be able to get something for you %26amp; of course, child support for your kids.





Also, a close friend (CA as well) is paying his wife %26amp; kids $3,000/mo. and he only makes $120,000 per year. Make sure you get a good lawyer.Divorce in CA, advice please?
for now, ask a friend or parents for some financial aid. start looking for jobs if you haven't already, or move into a smaller home.





also, is he going to pay alimony?
Go and apply for legal aid, if you go to the court house, you should be able to speak to a mediator that will be able to guide you,your husband will be repsonsible for spouse support as well as child support weather he likes it or not. Good luck

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