Legal Question in Family Law in California

Re: Divorce/ Child Support/Community Property

Support would depend on how often the children are with you. Based only on the incomes you stated, if the 2 kids were with you 35% of the time, c/s would be about $700/mo total. No spousal support would be paid.

If she bought the house during the marriage while living with you, there is a rebuttable presumption that it is community property. Not having your name on the deed has no effect in this regard. She may have separate property reimbursement claims, however. You should consider getting an order preventing sale of the property and possibly a lis pendens.

Re: Divorce/ Child Support/Community Property

Child support is determined by formula which considers the income of each parent and the time each parent spends with the children. You may wish to look at my website www.californiachildsupport.com for more information on child support.

The house is presumed to be community property. It may be very difficult for her to claim the house as separate property based upon the facts that you have given. Since it will probably take a writing to overcome the presumption, the community will recieve the appreciation in the home, the paydown of the mortgage and any community funds that she used to purchase the home, she will receive reimbursement for any separate funds (funds she had going into the marriage and funds she received by gift or inheritance). That is a general statement of the law. The kids, being 15 & 16 will probably choose where they want to live.

Those are general answers to general questions. As you know the devil is in the details and you should have representation.

Good Luck, Pat McCrary

Re: Divorce/ Child Support/Community Property

A detailed income and expense declaration with child sharing time percentage is needed to answer your question. If you are filing for divorce, then get an attorney to fight for your child custody and property rights for you. Call me directly at (619) 222-3504.