Legal Question in Family Law in California
child support
I am currently married for almost 5 years. We have one child together. We currently live in the same house. However, I was placed on disability in Feb of thid year. I wevt from 40k a year to 1700.00 per month. My husband does not help me pay any of my bills. he also does not give me money to assist with our daughter. I have two other kids from a previous marriage and I can barley make ends meet. My husband ears approc 80k per year. He has his own bank accounts and if I need money for food or just neccesties I have to beg and he may throw $20.00 my way.
Can I file child support and or spousal support and what are the chances of it being granted. There have been several times when he leaes the state and I have had to write bad checks just to eat.
please help.
2 Answers from Attorneys
Re: child support
Yes.
Good.
Re: child support
You should immediately file a petition for either a legal separation or a dissolution of marriage. When you file the petition also file an OSC requesting a temporary order for support, pending the hearing. Your statement would be sufficient to get the temporary order for support.
His failure to support his family is a misdemeanor, penal code section 270. The fact that you are providing support for the children is not a defense for his failure to provide support for his child. There is also a penal code section that makes it a misdemeanor to fail to support a spouse.
Take immediate action to get adequate support for yourself and child.