Legal Question in Family Law in California
Child Support - Ex unemployed
I have a status conference scheduled tomorrow. I 'm not sure what this means. I want full physical and legal custody of my two kids with visitation every other weekend. Husband does not work. How will this affect child support. Can I make these requests at this time? Can divorce be finalized at this time? We filed in July 2007.
2 Answers from Attorneys
Re: Child Support - Ex unemployed
You can get those things, if the father had proper notice. Under the circumstances and reading between the lines, I'd say it won't happen tomorrow.
Re: Child Support - Ex unemployed
A status conference is a conference where the judge checks in with the parties and their attorneys to ensure that the case is moving ahead as necessary.
Generally there are motions that would need to be brought for the court to consider custody and support issues at a status conference. If the motions have not been filed, then it is not likely that the judge will consider these issues.
The divorce can only be finalized if the residency requirement is met and if the parties are stipulating to finalize the divorce but keep these other issues open. With this timeframe, it may be possible that the divorce be finalized. However, whether this can happen will depend upon the specifics of your case.
Even if your husband is not working, he will still be responsible for his child support obligation unless he petitions the court to have the obligation reduced.
I would advise that you speak with an attorney about how to bring your desired custody motions.