Legal Question in Family Law in California

My 8 year old son just qualified for Special Ed, can I get extra Child or Spousa

I was married less than 10 years, (9 yrs 1 mo) and I am receiving both child and spousal support at this time, but the spousal support is due to end in 1 1/2 years. We are not yet divorced and have been separated for 3 years. We are now going to final settlement. But, I want to ask the court to extend my spousal support so my son can continue in the program he is in. My son, age 8 is in an independent-study Charter School program run by the Public School System in California. This school also offers a special education program, and my son qualified to be in Special Ed in which he will soon be enrolled.

I do not work, but I am my son's teacher in this independent study program , and my son's improvement is very high, but he is still 2 years below grade level, and he needs one on one help. He does not learn in a classroom environment. I hope this is enough information. Thank you!


Asked on 2/23/01, 3:57 am

1 Answer from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: My 8 year old son just qualified for Special Ed, can I get extra Child or Sp

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, as well

as information about me (education, experience,

et cetera) and my office (location, hours, fees,

policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry. That notwithstanding,

your son's special needs would best be addressed

through higher child support. If your judgment is

not final with regard to spousal support, i.e., you

are receiving support under a pendente lite order,

your can negotiate for a longer duration in your

settlement discussions.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 4/05/01, 1:01 pm


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