Legal Question in Family Law in California
He abandoned the family when I became disabled
I met a man, married 6/97,I became disabled in 7/98 due to a head injury.
In March of 1999, he left and two days later I got a note in the mail stating that he loved me and wanted a divorce. I was unaware of any problems in our marriage.
I then found out that he had been put in for retirement in Jan and retired in July. There is a court order that he pays me a certain amount of money for 6 months and then there was suppose to be a court hearing. He didn't show up. . I am at poverty level, no support, I am unable to work. We were living with an income of 81,000 which he made. I am now living in a 2 bedroom apt w/ my 4 girls from another marriage. barely existing. He has skipped payments and hasn't paid any of the bills.
I want to know whether I am entitled to more than what the formulas show for alimony. Should he be made to pay so that I can live abovethe poverty level.. Is there any cases that I can show my lawyer where even though the marriage was 2 years , he may have to pay until I am able to work? What am I entitled to and are there special circumstance cases?
2 Answers from Attorneys
Re: He abandoned the family when I became disabled
First, he is obvilously not responsible for your children from a prior marriage. . .you are and the father is. Second, the "half the length of the marriage" guideline is not a hard and fast rule. When someone becomes disabled such as you were, there is good reason to increase the length of support.
Re: He abandoned the family when I became disabled
Family Code section 4320 states that, generally speaking, spousal support should be 1/2 length of marriage. That has been eliminated effective 1-1-00. However there is case law holding that in such a brief marriage, it is error to continue support for very long.
The Wilson case also states that concept, the court ruling that a spouse's disability or need, at a certain point, becomes society's obligation, not the other spouse. I believe that was an 8 year marriage and support had been paid about 8 years.
In my opinion, your ex can probably expect to pay support for, max, 2 years. You may be entitled, however, to a portion of his retirement (small, mostlikely) and perhaps be a beneficiary of any insurance and/or death benefit.
You should seek SDI and/or SSI.
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