Legal Question in Family Law in California

Alimony

My husband and I have been married 24 yrs. We have three children, two are school age. I have been a stay-at-home-mom our entire marriage, with the exception of the occasional part-time job. He is filing for divorce, and has notified me I must be gainfully employed full time, as he will pay only child support for our two youngest children aged 13 and 8. He owns a business with annual income of $72,000. Am I not eligible for alimony?

Good Day-Thank You For Your Time.


Asked on 10/20/02, 2:40 pm

4 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Alimony

Yes you are entitled to alimony. Also, his business is also (probably) owned by both of you and he will have to buy you out of the business. You should retain an attorney to protect your interest. Good Luck, Pat McCrary

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Answered on 10/21/02, 10:38 am
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Alimony

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, Tenants' Rights, and Juvenile Dependencies, 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.

However, children to the age of 18, or 19 if still a fulltime high school student, are "eligible" for child support. It sounds as if you would definitely be "eligible" for spousal support (which we used to call alimony). Contact an experienced Family Law attorney for specific advise and possible representation on your behalf. You may use marital assets (joint accounts) to hire an attorney to counsel or represent you in a family law matter.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 10/21/02, 1:15 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Alimony

Alimony is based upon a disparity in income and the length of time of the marriage. You will find more information at my website www.calattorney.net. You should consult wiht a qualified family law layre who can calculate your child and spousal support rights.

Good luck to you!

Brian Levy, Esq.

Law Offices of Brian Don Levy

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Answered on 10/21/02, 1:29 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Alimony

You are likely entitled to spousal support, as well as child support, based on formulas used by the courts in California. The amounts will depend on each of your incomes, along with the amount of property each of you have. If people do not want to pay support, they can negotiate a one-time settlement in lieu of support, but see an attorney to find out what you're entitled to.

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Answered on 10/20/02, 7:57 pm


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