Legal Question in Family Law in California

Divorce Settlement

My husband, of just over 10 years and the father of my 3 children, wants a divorce. The home in which we have lived rent free for the duration of our marriage was bought and paid for by his parents and place by them in a living trust with my husband as the beneficiary and his brother as the successor trustee. To what extent if any does the law provide for consideration of the house in determining spousal support and or child support? A mediator provided us with several scenarios based on Dissomaster calculations of expected spousal and child support. Are there additional factors the court might consider beyond length of marriage, income and custody in determining support? Lastly, I'm concerned that should we come to an impasse in our attempt to mediate a divorce settlement and the process becomes contentious, I might be asked to move from the house. The support figures, based on my husbands current income and a 70(me)/30(husband) custody arrangement would barely be enough to pay for the rent of a similar home. I am currently unemployed and would have to temporarily rely solely on this support for living. Is need or standard of living a cosideration in spousal and child support?


Asked on 4/29/08, 4:14 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

Re: Divorce Settlement

In a divorce, child support is determined by a variety of factors notwithstanding the standard of living for which the child is accustomed. For spousal support it is determined by a variety of factors including the standard of how the spouse lived and length of the marriage.

If you have additional questions you should contact any attorney in your area.

Good luck.

Law Offices of James Chau

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San Jose, CA. 95110

http://www.JamesChauLaw.com

http://sanjosefamilylawyer.blogspot.com/

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Answered on 5/07/08, 2:20 am


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